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BIDDING DOCUMENT FOR HIRE OF VENUE TO HOST CMAAE SHARED FACILITY FOR SPECIALIZATION AND ELECTIVES (SFSE) FOR THE PERIOD 2020-2022 AFRICAN ECONOMIC RESEARCH CONSORTIUM BID No: AERC/PROC/RFP/TMAE/2019-2020/5501/024 BIDDING DOCUMENT FOR HIRE OF VENUE TO HOST CMAAE SHARED FACILITY FOR SPECIALIZATION AND ELECTIVES (SFSE) FOR THE PERIOD 2020-2022 Country: Republic of Kenya FEBRUARY 2020
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Page 1: BID No: AERC/PROC/RFP/TMAE/2019-2020/5501/024 BIDDING … · issues this Bidding Document for the procurement of Goods and related services as specified in Section VI, Requirements.

BIDDING DOCUMENT FOR HIRE OF VENUE TO HOST CMAAE SHARED FACILITY FOR

SPECIALIZATION AND ELECTIVES (SFSE) FOR THE PERIOD 2020-2022

AFRICAN ECONOMIC RESEARCH CONSORTIUM

BID No:

AERC/PROC/RFP/TMAE/2019-2020/5501/024

BIDDING DOCUMENT FOR HIRE OF VENUE TO HOST CMAAE

SHARED FACILITY FOR SPECIALIZATION AND ELECTIVES

(SFSE) FOR THE PERIOD 2020-2022

Country: Republic of Kenya

FEBRUARY 2020

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BIDDING DOCUMENT FOR HIRE OF VENUE TO HOST CMAAE SHARED FACILITY FOR

SPECIALIZATION AND ELECTIVES (SFSE) FOR THE PERIOD 2020-2022

Invitation for Bids (IFB)

Date: March 12, 2020

Dear Mr. /Ms.:

1. The African Economic Research Consortium now invites bids to provide the following

consulting services (hereinafter called “Services”) for hire of venue to host CMAAE

shared facility for specialization and electives (SFSE) for the 3 year period 2020-2022.

More details on the Services are provided in the Terms of Reference (Section 7).

2. This bidding document has been issued under ICB procurement. Bidding is open to all

bidders from the eligible countries as defined in the instructions to bidders’ section.

3. Bids shall be received in two sealed envelopes – one envelope containing the technical

proposal and the other envelope containing the financial proposal

4. Interested eligible bidders may obtain further information from AERC Offices at the

address given below from 08.30hrs – 16.00hrs.

5. Bidding documents may be downloaded from the AERC website on: www.aercafrica.org.

6. Bids must be delivered to the address below on or before April 7, 2020 at 12:00 hours.

Late bids will be rejected. Bids will be opened immediately after the bid closing time in

the presence of the bidders’ representatives who choose to attend in person at the address

below at 12.00 hours on April 7, 2020. All bids MUST BE accompanied by a “Bid-

Securing Declaration,” using the format provided in the bid documents.

7. The bidding document includes the following documents:

• Section I: Instructions to Bidders (ITB)

• Section II. Bid Data Sheet (BDS)

• Section III. Evaluation and Qualification Criteria

• Section IV: Bidding Forms

• Section V. Eligible Countries

• Section VI. Requirements

• Section VII. General Conditions (GC)

• Section VIII. Particular Conditions (PC)

• Section IX: Contract Forms

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BIDDING DOCUMENT FOR HIRE OF VENUE TO HOST CMAAE SHARED FACILITY FOR

SPECIALIZATION AND ELECTIVES (SFSE) FOR THE PERIOD 2020-2022

Executive Director

African Economic Research Consortium

Consortium pour la Recherche Economique en Afrique

P.O. Box 62882 – City Square

Nairobi 00200, Kenya

Middle East Bank Towers, Floor 3 and 4, Jakaya Kikwete

Road

Tel: (254-20) 273-4150

Fax: (254-20) 273-4173

www.aercafrica.org

Email: [email protected]

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BIDDING DOCUMENT FOR HIRE OF VENUE TO HOST CMAAE SHARED FACILITY FOR

SPECIALIZATION AND ELECTIVES (SFSE) FOR THE PERIOD 2020-2022

BIDDING DOCUMENT FOR HIRE OF VENUE TO HOST CMAAE SHARED FACILITY FOR SPECIALIZATION AND ELECTIVES (SFSE)

FOR THE PERIOD 2020-2022

Standard Bidding Document (SBD) for Procurement of Goods

PART 1 – BIDDING PROCEDURES

Section I: Instructions to Bidders (ITB)

This Section provides information to help Bidders prepare their bids.

Information is also provided on the submission, opening, and evaluation of bids

and on the award of Contracts. Section I contains provisions that are to be

used without modification.

Section II. Bid Data Sheet (BDS)

This Section includes provisions that are specific to the bidding process and

supplement Section I, Instructions to Bidders.

Section III. Evaluation and Qualification Criteria

This Section specifies the criteria to be used to determine the lowest evaluated

bid and the requirements for the Bidder’s qualification to perform the contract.

Section IV: Bidding Forms

This Section includes the forms which are to be completed by the Bidder and to

be submitted as part of its bid.

Section V. Eligible Countries

This Section includes information regarding eligible countries.

PART 2 – PURCHASER’S REQUIREMENTS

Section VI. Requirements

This Section includes the List of Goods and Related Services, the Delivery and

Completion Schedules, the Technical Specifications and the Drawings that

describe the Goods and Related Services to be procured.

PART 3 – CONDITIONS OF CONTRACT AND CONTRACT FORMS

Section VII. General Conditions (GC)

This Section contains the general clauses to be applied in all contracts. The

text of the clauses in this Section shall not be modified.

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BIDDING DOCUMENT FOR HIRE OF VENUE TO HOST CMAAE SHARED FACILITY FOR

SPECIALIZATION AND ELECTIVES (SFSE) FOR THE PERIOD 2020-2022

Section VIII. Particular Conditions (PC)

This Section contains clauses specific to each contract that modify or

supplement Section VII, General Conditions.

Section IX: Contract Forms

This Section includes the forms which, once completed, will form part of the

contract. These forms shall be completed only by the successful Bidder after

contract award.

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BIDDING DOCUMENT FOR HIRE OF VENUE TO HOST CMAAE SHARED FACILITY FOR

SPECIALIZATION AND ELECTIVES (SFSE) FOR THE PERIOD 2020-2022

Standard Bidding Document

Table of Contents

PART 1 – Bidding Procedures .................................................................................................

Section I. Instructions to Bidders ...............................................................................................3 Section II. Bid Data Sheet ........................................................................................................28 Section III. Evaluation and Qualification Criteria ...................................................................34

Section IV. Bidding Forms ......................................................................................................47 Section V. Eligible Countries ..................................................................................................69

PART 2 – Purchaser’s Requirements ................................................................................. 70

Section VI. Requirements ........................................................................................................71

PART 3 –Conditions of Contract and Contract Forms .................................................... 79

Section VII. General Conditions ..............................................................................................80

Section VIII. Particular Conditions........................................................................................105

Section IX. Contract Forms ...................................................................................................109

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BIDDING DOCUMENT FOR HIRE OF VENUE TO HOST CMAAE SHARED FACILITY FOR

SPECIALIZATION AND ELECTIVES (SFSE) FOR THE PERIOD 2020-2022

PART 1 – Bidding

Procedures

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Section I. Instructions to Bidders 1-3

Section I. Instructions to Bidders

Table of Clauses

A. General 1-5

1. Scope of Bid 1-5

2. Source of Funds 1-5

3. Fraud and Corruption 1-5

4. Eligible Bidders 1-8

5. Eligible Goods and Related Services 1-10

B. Contents of Bidding Document 1-10

6. Sections of Bidding Document 1-10

7. Clarification of Bidding Document, Site Visit, Pre-Bid Meeting 1-11

8. Amendment of Bidding Document 1-12

C. Preparation of Bids 1-12

9. Cost of Bidding 1-12

10. Language of Bid 1-12

11. Documents Comprising the Bid 1-13

12. Letter of Bid and Price Schedules 1-14

13. Alternative Bids 1-14

14. Bid Prices and Discounts 1-14

15. Currencies of Bid and Payment 1-16

16. Documents Establishing the Qualifications of the Bidder 1-16

17. Documents Establishing the Eligibility of the Goods and Related Services 1-16

18. Period of Validity of Bids 1-16

19. Bid Security 1-17

20. Format and Signing of Bid 1-18

D. Submission and Opening of Bids 1-19

21. Submission, Sealing and Marking of Bids 1-19

22. Deadline for Submission of Bids 1-20

23. Late Bids 1-20

24. Withdrawal, Substitution, and Modification of Bids 1-20

25. Bid Opening 1-21

E. Examination of Bids 1-22

26 Confidentiality 1-22

27. Clarification of Bids 1-22

28. Determination of Responsiveness 1-22

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Section I. Instructions to Bidders 1-4

F. Bid Evaluation and Comparison 1-24

29. Correction of Arithmetical Errors 1-24

30. Conversion to Single Currency 1-24

31. Bid Adjustments 1-24

32. Qualification of the Bidder 1-24

33. Comparison of Bids 1-25

34. Purchaser’s Right to Accept Any Bid, and to reject any or All Bids 1-25

G. Award of Contract 1-25

35. Award Criteria 1-25

36. Notification of Award 1-25

37. Signing of Contract 1-26

38. Performance Security 1-26

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Section I. Instructions to Bidders 1-5

BIDDING DOCUMENT FOR HIRE OF VENUE TO HOST CMAAE SHARED FACILITY FOR SPECIALIZATION AND ELECTIVES (SFSE)

FOR THE PERIOD 2020-2022

Section I. Instructions to Bidders

A. General

1. Scope of Bid 1.1 The Purchaser indicated in Section II, Bid Data Sheet (BDS)

issues this Bidding Document for the procurement of Goods and

related services as specified in Section VI, Requirements. The

name, identification, and number of lots are provided in the BDS.

1.2 Unless otherwise stated, throughout this Bidding Document

definitions and interpretations shall be as prescribed in Section

VII, General Conditions.

2. Source of

Funds

2.1 The Borrower or Recipient (hereinafter called “Borrower”)

indicated in the BDS has applied for or received financing

(hereinafter called “funds”) from various donors (hereinafter

called “Partners”) toward the cost of the project named in the

BDS. The Borrower intends to apply a portion of the funds to

eligible payments under the contract(s) for which this Bidding

Document is issued.

2.2 Payments by the Partners will be made only at the request of the

Borrower and upon approval by the Partners in accordance with

the terms and conditions of the financing agreement between the

Borrower and the Partners.

3. Fraud and

Corruption

3.1 It is the Partner’s policy to require that Borrowers (including

beneficiaries of Partners Financing), Bidders, Suppliers,

contractors, and their agents (whether declared or not), sub-

contractors, sub-consultants, service providers or suppliers, and

any personnel thereof, observe the highest standard of ethics

during the procurement and execution of Partners-financed

contracts1. In pursuance of this policy, the Partners:

(a) defines, for the purposes of this provision, the terms set

forth below as follows:

(i) “Corrupt Practice” is the offering, giving, receiving,

or soliciting, directly or indirectly, of anything of

value to influence improperly the actions of another

1 In this context, any action to influence the procurement process or contract execution for undue advantage is

improper.

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Section I. Instructions to Bidders 1-6

party2;

(ii) “fraudulent practice” is any act or omission, including

a misrepresentation that knowingly or recklessly

misleads, or attempts to mislead, a party3 to obtain

financial or other benefit or to avoid an obligation;

(iii)“Collusive Practice” is an arrangement between two or

more parties4, designed to achieve an improper

purpose, including to influence improperly the actions

of another party; and

(iv) “Coercive practice” is impairing or harming, or

threatening to impair or harm, directly or indirectly,

any party or the property of the party to influence

improperly the actions of a party5;

(v) “Obstructive practice” is

(v.1) deliberately destroying, falsifying, altering, or

concealing of evidence material to the

investigation or making false statements to

investigators in order to materially impede a

Partners investigation into allegations of a

corrupt, fraudulent, coercive or collusive practice;

and/or threatening, harassing or intimidating any

party to prevent it from disclosing its knowledge

of matters relevant to the investigation or from

pursuing the investigation, or

(v.2) acts intended to materially impede the exercise of

the Partners’ inspection and audit rights provided

for under paragraph 3.1(e) below.

(b) will reject a proposal for award if it determines that the

Bidder recommended for award, or any of its personnel, or

its agents, or its sub-consultants, sub-contractors, service

2 For the purpose of this sub-paragraph, “another party” refers to a public official acting in relation to the

procurement process or contract execution. In this context, “public official” includes Partner staff and

employees of other organizations taking or reviewing procurement decisions. 3 For the purpose of this sub-paragraph, “party” refers to a public official; the terms “benefit” and

“obligation” relate to the procurement process or contract execution; and the “act or omission” is intended to

influence the procurement process or contract execution. 4 For the purpose of this sub-paragraph, “parties” refers to participants in the procurement process (including

public officials) attempting either themselves, or through another person or entity not participating in the

procurement or selection process, to simulate competition or to establish bid prices at artificial, non-

competitive levels, or are privy to each other’s bid prices or other conditions. 5 For the purpose of this sub-paragraph, “party” refers to a participant in the procurement process or contract

execution.

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Section I. Instructions to Bidders 1-7

BIDDING DOCUMENT FOR HIRE OF VENUE TO HOST CMAAE SHARED FACILITY FOR SPECIALIZATION AND ELECTIVES (SFSE)

FOR THE PERIOD 2020-2022

providers, suppliers and/or their employees, has, directly or

indirectly, engaged in corrupt, fraudulent, collusive,

coercive or obstructive practices in competing for the

Contract in question;

(c) will declare mis-procurement and cancel the portion of the

Financing allocated to a contract if it determines at any

time that representatives of the Borrower or of a recipient

of any part of the proceeds of such Financing engaged in

corrupt, fraudulent, collusive, coercive or obstructive

practices during the procurement or the implementation of

the contract in question, without the Borrower having taken

timely and appropriate action satisfactory to the Partners to

address such practices when they occur, including by

failing to inform the Partners in a timely manner at the time

they knew of the practices;

(d) will sanction a firm or individual, at any time, in accordance

with the prevailing Partner’s sanctions procedures6,

including by publicly declaring such firm or individual

ineligible either indefinitely or for a stated period of time,

(i) to be awarded a Partners-financed contract; (ii) to be a

nominated7 sub-contractor, consultant, supplier, or service

provider of an otherwise eligible firm being awarded a

Partners-financed contract; and

(e) will require that a clause be included in Bidding Documents

and in contracts financed by the Partners, requiring bidders,

suppliers and contractors, and their sub-contractors, agents,

personnel, consultants, service providers, or suppliers, to

permit the Partners to inspect all accounts, and records and

other documents relating to the submission of bids and

contract performance and to have them audited by auditors

appointed by the Partners.

3.2 Furthermore, Bidders shall be aware of the provisions stated in

Section VII, General Conditions.

6 A firm or an individual may be declared ineligible to be awarded a Partner financed contract: (i) upon

completion of the Partner’s sanctions proceedings as per its sanctions procedures, including, inter alia, cross-

debarment as agreed with other International Financial Institutions, including Multilateral Development

Partners, or otherwise decided by the Partner; and (ii) as a result of temporary suspension or early temporary

suspension in connection with an on-going sanction proceeding. See footnote 18 and paragraph 9 of Appendix

1 of the Rules and Procedures for Procurement of Goods and Works. 7 A nominated sub-contractor, consultant, manufacturer or supplier, or service provider (different names are

used depending on the particular bidding documents) is one which has either been: (i) included by the bidder in

its pre-qualification application or bid because it brings specific and critical experience and know-how that

allow the bidder to meet the qualification requirement for the particular bid; or (ii) appointed by the

Borrower.”

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Section I. Instructions to Bidders 1-8

4. Eligible

Bidders

4.1 A Bidder may be a natural person, private entity, government-

owned entity—subject to ITB 4.5—or any combination of such

entities supported by a letter of intent to enter into an agreement

or under an existing agreement in the form of a joint venture,

consortium, or association (JVCA). In the case of a joint venture,

consortium, or association:

a) unless otherwise specified in the BDS, all partners shall be

jointly and severally liable, and

b) the JVCA shall nominate a Representative who shall have

the authority to conduct all businesses for and on behalf of

any and all the partners of the JVCA during the bidding

process and, in the event the JVCA is awarded the

Contract, during contract execution.

4.2 A Bidder, and all parties constituting the Bidder, shall have the

nationality of an eligible country, in accordance with the

Partners’ Rules and Procedures for Procurement of Goods and

Works, and as listed in Section V, Eligible Countries. A Bidder

shall be deemed to have the nationality of a country if the Bidder

is a citizen or is constituted, incorporated, or registered and

operates in conformity with the provisions of the laws of that

country. This criterion shall also apply to the determination of

the nationality of proposed subcontractors or suppliers for any

part of the Contract including Related Services.

4.3 A Bidder shall not have a conflict of interest. All Bidders found

to have a conflict of interest shall be disqualified. A Bidder may

be considered to have a conflict of interest with one or more

parties in this bidding process, if:

(a) they have controlling partners in common; or

(b) they receive or have received any direct or indirect subsidy

from any of them; or

(c) they have the same legal representative for purposes of this

bid; or

(d) they have a relationship with each other, directly or through

common third parties, that puts them in a position to have

access to information about or influence on the bid of

another Bidder, or influence the decisions of the Purchaser

regarding this bidding process; or

(e) a Bidder participates in more than one bid in this bidding

process. Participation by a Bidder in more than one Bid will

result in the disqualification of all Bids in which it is

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Section I. Instructions to Bidders 1-9

BIDDING DOCUMENT FOR HIRE OF VENUE TO HOST CMAAE SHARED FACILITY FOR SPECIALIZATION AND ELECTIVES (SFSE)

FOR THE PERIOD 2020-2022

involved. However, this does not limit the inclusion of the

same subcontractor, not otherwise participating as a Bidder,

in more than one bid; or

(f) a Bidder participated as a consultant in the preparation of

Section VI, Requirements that are the subject of the bid; or

(g) a Bidder or any of its affiliates has been hired, or is

proposed to be hired, by the Purchaser or the Borrower for

the supervision of the contract.

4.4 A Bidder that is under a declaration of ineligibility by the

Partners in accordance with ITB 3, at the date of the deadline for

bid submission or thereafter, shall be disqualified.

4.5 Government-owned entities in the Borrower’s country shall be

eligible only if they can establish that they (i) are legally and

financially autonomous, (ii) operate under the principles of

commercial law, and (iii) are not dependent agencies of the

Purchaser or the Borrower.

4.6 Bidders shall not be under execution of a Bid–Securing

Declaration in the Purchaser’s Country.

4.7 Bidders shall provide such evidence of their continued eligibility

satisfactory to the Purchaser, as the Purchaser shall reasonably

request.

4.8 Firms from an eligible country shall be excluded if:

(a) as a matter of law or official regulation, the Borrower’s

country prohibits commercial relations with that country; or

(b) by an act of compliance with a decision of the United Nations

Security Council taken under Chapter VII of the Charter of

the United Nations, the Borrower’s country prohibits any

import of Goods from that country or any payments to

persons or entities in that country.

4.9 In case a prequalification process has been conducted prior to

the bidding process, this bidding is open only to prequalified

Bidders.

4.10 A firm sanctioned by the Partners in accordance with the above ITB

Clause 3.1 (d), or in accordance with the Partners’ policies on anti-

corruption and fraud and Partner’s sanctions procedures8, shall be

8 See the Proposal for the Implementation of a Sanctions Process

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Section I. Instructions to Bidders 1-10

ineligible to be awarded a Partner-financed contract, or to benefit

from a Partner-financed contract, financially or in any other

manner, during the period of time determined by the Partner.

5. Eligible Goods

and Related

Services

5.1 All goods and related services to be supplied under the Contract

and financed by the Partner, shall have as their country of origin

an eligible country of the Partner in accordance with the

Partner’s Rules and Procedures for Procurement of Goods and

Works, and as listed in Section V, Eligible Countries.

5.2 For purposes of this Clause, the term “Goods” includes

commodities, raw material, machinery, equipment, and industrial

plants; and “Related Services” includes services such as

insurance, transportation, installation, commissioning, training,

and initial maintenance.

5.3 The term “country of origin” means the country where the Goods

have been mined, grown, cultivated, produced, manufactured, or

processed; or through manufacture, processing, or assembly,

another commercially recognized article results that differs

substantially in its basic characteristics from its imported

components.

5.4 The nationality of the firm that produces, assembles, distributes,

or sells the Goods shall not determine their origin.

B. Contents of Bidding Document

6. Sections of

Bidding

Document

6.1 The Bidding Document consists of Parts 1, 2, and 3, which

include all the Sections indicated below, and should be read in

conjunction with any Addenda issued in accordance with ITB 8.

PART 1 Bidding Procedures

• Section I. Instructions to Bidders (ITB)

• Section II. Bid Data Sheet (BDS)

• Section III. Evaluation and Qualification Criteria

• Section IV. Bidding Forms

• Section V. Eligible Countries

PART 2 Purchaser’s Requirements

• Section VI. Requirements

PART 3 Conditions of Contract and Contract Forms

• Section VII. General Conditions (GC)

• Section VIII. Particular Conditions (PC)

• Section IX. Contract Forms

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Section I. Instructions to Bidders 1-11

BIDDING DOCUMENT FOR HIRE OF VENUE TO HOST CMAAE SHARED FACILITY FOR SPECIALIZATION AND ELECTIVES (SFSE)

FOR THE PERIOD 2020-2022

6.2 The Invitation for Bids issued by the Purchaser is not part of the

Bidding Document.

6.3 The Bidder shall obtain the Bidding Document from the source

stated by the Purchaser in the Invitation for Bids; otherwise the

Purchaser is not responsible for the completeness of the Bidding

Document.

6.4 The Bidder is expected to examine all instructions, forms, terms,

and specifications in the Bidding Document. Failure to furnish

all information or documentation required by the Bidding

Document may result in the rejection of the bid.

7. Clarification of

Bidding

Document, Site

Visit, Pre-Bid

Meeting

7.1 A prospective Bidder requiring any clarification of the Bidding

Document shall contact the Purchaser in writing at the

Purchaser’s address indicated in the BDS or raise his enquiries

during the pre-bid meeting if provided for in accordance with

ITB 7.4. The Purchaser will respond to any request for

clarification, provided that such request is received prior to the

deadline for submission of bids, within the number of days

specified in the BDS. The Purchaser’s response shall be in

writing with copies to all Bidders who have acquired the Bidding

Document in accordance with ITB 6.3, including a description of

the inquiry but without identifying its source. Should the

Purchaser deem it necessary to amend the Bidding Document as

a result of a request for clarification, it shall do so following the

procedure under ITB 8 and ITB 22.2.

7.2 Where applicable, the Bidder is advised to visit and examine the

project site and obtain for itself on its own responsibility all

information that may be necessary for preparing the bid and

entering into a contract for the provision of the Requirements.

The costs of visiting the site shall be at the Bidder’s own

expense.

7.3 Pursuant to ITB 7.2, where the Bidder and any of its personnel or

agents have been granted permission by the Purchaser to enter

upon its premises and lands for the purpose of such visit, the

Bidder, its personnel, and agents will release and indemnify the

Purchaser and its personnel and agents from and against all

liability in respect thereof, and will be responsible for death or

personal injury, loss of or damage to property, and any other

loss, damage, costs, and expenses incurred as a result of the visit.

7.4 The Bidder’s designated representative is invited to attend a pre-

bid meeting, if provided for in the BDS. The purpose of the

meeting will be to clarify issues and to answer questions on any

matter that may be raised at that stage. If so provided for in the

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Section I. Instructions to Bidders 1-12

BDS, the Purchaser will organize a site visit.

7.5 The Bidder is requested, as far as possible, to submit any

questions in writing, to reach the Purchaser not later than one

week before the meeting.

7.6 Minutes of the pre-bid meeting, including the text of the

questions raised without identifying the source, and the responses

given, together with any responses prepared after the meeting,

will be transmitted promptly to all Bidders who have acquired

the Bidding Document in accordance with ITB 6.3. Any

modification to the Bidding Document that may become

necessary as a result of the pre-bid meeting shall be made by the

Purchaser exclusively through the issue of an Addendum

pursuant to ITB 8 and not through the minutes of the pre-bid

meeting.

7.7 Non-attendance at the pre-bid meeting will not be a cause for

disqualification of a Bidder.

8. Amendment of

Bidding

Document

8.1 At any time prior to the deadline for submission of bids, the

Purchaser may amend the Bidding Document by issuing

addenda.

8.2 Any addendum issued shall be part of the Bidding Document and

shall be communicated in writing to all who have obtained the

Bidding Document from the Purchaser in accordance with ITB

6.3.

8.3 To give prospective Bidders reasonable time in which to take an

addendum into account in preparing their bids, the Purchaser

may, at its discretion, extend the deadline for the submission of

bids, pursuant to ITB 22.2

C. Preparation of Bids

9. Cost of Bidding 9.1 The Bidder shall bear all costs associated with the preparation

and submission of its Bid, and the Purchaser shall not be

responsible or liable for those costs, regardless of the conduct or

outcome of the bidding process.

10. Language of

Bid

10.1 The Bid, as well as all correspondence and documents relating to

the bid exchanged by the Bidder and the Purchaser, shall be

written in the language specified in the BDS. Supporting

documents and printed literature that are part of the Bid may be

in another language provided they are accompanied by an

accurate translation of the relevant passages in that language, in

which case, for purposes of interpretation of the Bid, such

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Section I. Instructions to Bidders 1-13

BIDDING DOCUMENT FOR HIRE OF VENUE TO HOST CMAAE SHARED FACILITY FOR SPECIALIZATION AND ELECTIVES (SFSE)

FOR THE PERIOD 2020-2022

translation shall govern.

11. Documents

Comprising the

Bid

11.1 The Bid shall comprise the following:

(a) Letter of Bid ;

(b) Completed Schedules as provided in Section IV, Bidding

Forms;

(c) Bid Security or Bid-Securing Declaration, in accordance

with ITB 19;

(d) at the Bidder’s option, alternative proposals, if

permissible, in accordance with ITB 13;

(e) written confirmation authorizing the signatory of the Bid

to commit the Bidder, in accordance with ITB 20.2;

(f) documentary evidence establishing the eligibility of the

Goods and Related Services offered by the Bidder, in

accordance with ITB 17.1 ;

(g) documentary evidence establishing the Bidder’s

qualifications in accordance with the requirements of

Section III, Evaluation and Qualification Criteria, using

the relevant forms furnished in Section IV, Bidding

Forms;

(h) documentary evidence as specified in the BDS,

establishing the conformity of the goods and related

services offered by the Bidder with the Bidding

Document, using the relevant forms furnished in Section

IV, Bidding Forms;

(i) in the case of a bid submitted by a JVCA, JVCA

agreement, or letter of intent to enter into a JVCA

including a draft agreement, indicating at least the parts of

the Requirements to be executed by the respective

partners;

(j) any other document required in the BDS.

12. Letter of Bid

and Price

Schedules

12.1 The Bidder shall submit the Letter of Bid using the form

furnished in Section IV, Bidding Forms. This form must be

completed without any alterations to its format, and no

substitutes shall be accepted. All blank spaces shall be filled in

with the information requested.

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Section I. Instructions to Bidders 1-14

13. Alternative

Bids

13.1 Unless otherwise indicated in the BDS, alternative proposals

shall not be considered. If alternative proposals are permitted,

their method of evaluation shall be as stipulated in Section III,

Evaluation and Qualification Criteria.

13.2 When alternative times for completion are explicitly invited, a

statement to that effect will be included in the BDS, as well as

the method of evaluating different times for completion.

13.3 Except as provided under ITB 13.4 below, Bidders wishing to

offer technical alternatives to the requirements of the bidding

document must first price the Purchaser’s requirements as

described in the bidding document and shall further provide all

information necessary for a complete evaluation of the

alternative by the Purchaser, including drawings, design

calculations, technical specifications, breakdown of prices, and

proposed construction methodology and other relevant details.

Only the technical alternatives, if any, of the lowest evaluated

Bidder conforming to the basic technical requirements shall be

considered by the Purchaser].

13.4 When specified in the BDS, Bidders are permitted to submit

alternative technical solutions for specified parts of the

requirements, and such parts shall be identified in the BDS, as

will the method for their evaluation, and described in Section VI,

Requirements.

14. Bid Prices and

Discounts

14.1 The prices and discounts quoted by the Bidder in the Letter of

Bid and in the Price Schedules shall conform to the requirements

specified in ITB 14.2.

14.2 Unless otherwise provided in the BDS and the General

Conditions (GC), the prices quoted by the Bidder shall be fixed.

14.3 The price to be quoted in the Letter of Bid shall be the total price

of the Bid excluding any discounts offered.

14.4 The Bidder shall quote any unconditional discounts and the

methodology for their application in the Letter of Bid.

14.5 The terms EXW, CIF, CIP, and other similar terms shall be

governed by the rules prescribed in the current edition of

Incoterms, published by The International Chamber of

Commerce as specified in the BDS.

14.6 Prices shall be quoted as required in each Price Schedule

included in Section IV, Bidding Forms. The disaggregation of

price components is required solely for the purpose of facilitating

the comparison of bids by the Purchaser. This shall not in any

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Section I. Instructions to Bidders 1-15

BIDDING DOCUMENT FOR HIRE OF VENUE TO HOST CMAAE SHARED FACILITY FOR SPECIALIZATION AND ELECTIVES (SFSE)

FOR THE PERIOD 2020-2022

way limit the Purchaser’s right to contract on any of the terms

offered. In quoting prices, the Bidder shall be free to use

transportation through carriers registered in any eligible country,

in accordance with the Partner’s Rules and Procedures for

Procurement of Goods and Works, and as listed in Section V,

Eligible Countries. Similarly, the Bidder may obtain insurance

services from any eligible country, in accordance with the

Partner’s Rules and Procedures for Procurement of Goods and

Works, and as listed in Section V, Eligible Countries. Prices shall

be entered in the following manner:

(a) for Goods offered from within the Purchaser ’s Country:

(i) the prices of the Goods, quoted as per Incoterms

specified in the BDS;

(ii) sales tax and all other taxes applicable in the

Purchaser’s Country and payable on the Goods if the

Contract is awarded to the Bidder; and

(iii) the total price for the item.

(b) for Goods offered from outside the Purchaser ’s Country:

(i) the prices of the Goods, quoted as per Incoterms

specified in the BDS;

(ii) all custom duties, sales tax, and other taxes

applicable in the Purchaser ’s Country and payable

on the Goods if the contract is awarded to the

Bidder; and

(iii) the total price for the item.

(c) for Related Services:

(i) the price of the Related Services inclusive of all

customs duties, sales tax, and other taxes paid or

payable in the Purchaser ’s country, if the Contract is

awarded to the Bidder.

14.7 Prices quoted by the Bidder shall be fixed during the Bidder’s

performance of the Contract and not subject to variation on any

account, unless otherwise specified in the BDS. A bid submitted

with an adjustable price quotation shall be treated as

nonresponsive and shall be rejected, pursuant to ITB 28.

However, if in accordance with the BDS, prices quoted by the

Bidder shall be subject to adjustment during the performance of

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Section I. Instructions to Bidders 1-16

the Contract, a bid submitted with a fixed price quotation shall

not be rejected, but the price adjustment shall be treated as zero.

14.8 If so indicated pursuant to ITB 1.1, bids are being invited for

individual contracts (lots) or for any combination of contracts

(packages). Unless otherwise indicated in the BDS, prices quoted

shall correspond to 100% of the items specified for each lot and

to 100% of the quantities specified for each item of a lot. Bidders

wishing to offer any price reduction for the award of more than

one Contract shall specify the applicable price reductions in

accordance with ITB 14.4, provided the bids for all lots are

submitted and opened at the same time.

15. Currencies of

Bid and

Payment

15.1 The currency(ies) of the bid and the currency(ies) for payment

shall be as specified in the BDS.

16. Documents

Establishing

the

Qualifications

of the Bidder

16.1 To establish its qualifications to perform the Contract in

accordance with Section III, Evaluation and Qualification

Criteria, the Bidder shall provide the information requested in

Section IV, Bidding Forms.

16.2 If so required in the BDS, a Bidder shall submit the

Manufacturer’s Authorization, using the form included in

Section IV, Bidding Forms where the Bidder does not

manufacture or produce the Goods it offers to supply.

16.3 If so required in the BDS, a Bidder shall submit evidence that it

will be represented by an Agent in the country, equipped and

able to carry out the Supplier’s maintenance, repair and spare

parts-stocking obligations prescribed in the Conditions of

Contract and Requirements where a Bidder does not conduct

business within the Purchaser’s Country.

17. Documents

Establishing

the Eligibility

of the Goods

and Related

Services

17.1 To establish the eligibility of the Goods and Related Services in

accordance with ITB 5, Bidders shall complete the forms,

included in Section IV, Bidding Forms.

18. Period of

Validity of Bids

18.1 Bids shall remain valid for the period specified in the BDS after

the bid submission deadline date prescribed by the Purchaser. A

bid valid for a shorter period shall be rejected by the Purchaser as

non-responsive.

18.2 In exceptional circumstances, prior to the expiration of the bid

validity period, the Purchaser may request Bidders to extend the

period of validity of their bids. The request and the responses

shall be made in writing. If a bid security is requested in

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Section I. Instructions to Bidders 1-17

BIDDING DOCUMENT FOR HIRE OF VENUE TO HOST CMAAE SHARED FACILITY FOR SPECIALIZATION AND ELECTIVES (SFSE)

FOR THE PERIOD 2020-2022

accordance with ITB 19, the Bidder granting the request shall

also extend the bid security for twenty-eight (28) days beyond

the deadline of the extended validity period. A Bidder may refuse

the request without forfeiting its bid security. A Bidder granting

the request shall not be required or permitted to modify its bid,

except as provided in ITB 18.3.

18.3 In the case of fixed price contracts, if the award is delayed by a

period exceeding fifty-six (56) days beyond the expiry of the

initial bid validity, the Contract price shall be adjusted as

specified in the request for extension. Bid evaluation shall be

based on the Bid Price without taking into consideration the

above correction.

19. Bid Security 19.1 The Bidder shall furnish as part of its bid, at the option of the

Purchaser, and as stipulated in the BDS, the original of either a

Bid-Securing Declaration or a bid security using the relevant

form included in Section IV, Bidding Forms. In the case of a bid

security, the bid security amount and currency shall be as

specified in the BDS.

19.2 A Bid-Securing Declaration shall use the form included in

Section IV, Bidding Forms.

19.3 If a bid security is specified pursuant to ITB 19.1, the bid

security shall be a demand guarantee in any of the following

forms at the Bidder’s option:

(a) an unconditional guarantee issued by a Partner or surety;

(b) an irrevocable letter of credit; or

(c) a cashier’s or certified check;

From a reputable source from an eligible country. If the

unconditional guarantee is issued by an insurance company or a

bonding company located outside the Purchaser’s Country, the

issuer shall have a correspondent financial institution located in

the Purchaser’s Country to make it enforceable. In the case of a

Partner guarantee, the bid security shall be submitted either using

the Bid Security Form included in Section IV, Bidding Forms or

in another substantially similar format approved by the Purchaser

prior to bid submission. In either case, the form must include the

complete name of the Bidder. The bid security shall be valid for

twenty-eight days (28) beyond the original validity period of the

bid, or beyond any period of extension if requested under ITB

18.2.

19.4 Pursuant to the option stipulated at ITB 19.1, any bid not

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Section I. Instructions to Bidders 1-18

accompanied by a substantially responsive bid security or Bid-

Securing Declaration shall be rejected by the Purchaser as non-

responsive.

19.5 If a bid security is specified pursuant to ITB 19.1, the bid

security of unsuccessful Bidders shall be returned as promptly as

possible upon the successful Bidder’s furnishing of the

performance security pursuant to ITB 38.

19.6 The bid security of the successful Bidder shall be returned as

promptly as possible once the successful Bidder has signed the

Contract and furnished the required performance security.

19.7 The bid security may be forfeited or the Bid-Securing

Declaration executed:

(a) if a Bidder withdraws its bid during the period of bid

validity specified by the Bidder in the Letter of Bid or

(b) if the successful Bidder fails to:

(i) sign the Contract in accordance with ITB 37; or

(ii) furnish a performance security in accordance with

ITB 38.

19.8 The Bid Security or the Bid Securing Declaration of a JVCA

shall be in the name of the JVCA that submits the bid. If the

JVCA has not been legally constituted into a legally enforceable

JVCA at the time of bidding, the Bid Security or the Bid

Securing Declaration shall be in the names of all future partners

as named in the letter of intent referred to in ITB 4.1.

19.9 If a Bid-Securing Declaration is executed in accordance with ITB

19.7, the Purchaser will declare the Bidder ineligible to be

awarded a contract by the Purchaser for the period of time stated

in the Form of Bid-Securing Declaration.

20. Format and

Signing of Bid

20.1 The Bidder shall prepare one original of the documents

comprising the bid as described in ITB 11 and clearly mark it

“ORIGINAL.” In addition, the Bidder shall submit copies of the

bid, in the number specified in the BDS and clearly mark them

“COPY.” In the event of any discrepancy between the original

and the copies, the original shall prevail.

20.2 The original and all copies of the bid shall be typed or written in

indelible ink and shall be signed by a person duly authorized to

sign on behalf of the Bidder. This authorization shall consist of a

written confirmation as specified in the BDS and shall be

attached to the bid. The name and position held by each person

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Section I. Instructions to Bidders 1-19

BIDDING DOCUMENT FOR HIRE OF VENUE TO HOST CMAAE SHARED FACILITY FOR SPECIALIZATION AND ELECTIVES (SFSE)

FOR THE PERIOD 2020-2022

signing the authorization must be typed or printed below the

signature. All pages of the bid where entries have been made

shall be signed or initialled by the person signing the bid.

20.3 A bid submitted by a JVCA shall comply with the following

requirements:

(a) Unless not required in accordance with ITB 4.1 (a), be signed

so as to be legally binding on all partners; and

(b) Include the Representative’s authorization referred to in ITB

4.1 (b), consisting of a power of attorney signed by those

legally authorized to sign on behalf of the JVCA.

20.4 Any amendments, interlineations, erasures, or overwriting shall

be valid only if they are signed or initialled by the person signing

the bid.

D. Submission and Opening of Bids

21. Submission,

Sealing and

Marking of

Bids

21.1 Bidders may always submit their bids by mail or by hand. If so

specified in the BDS, bidders shall have the option of submitting

their bids electronically. Procedures for submission, sealing and

marking are as follows:

(a) Bidders submitting bids by mail or by hand shall enclose the

original and copies of the Bid in separate sealed envelopes. If

so permitted in accordance with ITB 13, alternative

proposals, and copies thereof, shall also be placed in separate

envelopes. The envelopes shall be duly marked as

“ORIGINAL,” “ALTERNATIVE,” “ORIGINAL COPY,”

and “ALTERNATIVE COPY” These envelopes shall then be

enclosed in one single package. The rest of the procedure

shall be in accordance with ITB 21.2 and 21.3.

(b) Bidders submitting bids electronically shall follow the

electronic bid submission procedures specified in the BDS.

21.2 The inner and outer envelopes shall:

(a) bear the name and address of the Bidder;

(b) be addressed to the Purchaser in accordance with ITB 22.1;

(c) bear the specific identification of this bidding process

pursuant to ITB 1.1; and

(d) bear a warning not to open before the time and date for bid

opening

21.3 If envelopes and packages are not sealed and marked as required,

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Section I. Instructions to Bidders 1-20

the Purchaser will assume no responsibility for the misplacement

or premature opening of the bid.

22. Deadline for

Submission of

Bids

22.1 Bids must be received by the Purchaser at the address and no

later than the date and time indicated in the BDS.

22.2 The Purchaser may, at its discretion, extend the deadline for the

submission of bids by amending the Bidding Document in

accordance with ITB 8, in which case all rights and obligations

of the Purchaser and Bidders previously subject to the deadline

shall thereafter be subject to the deadline as extended.

23. Late Bids 23.1 The Purchaser shall not consider any bid that arrives after the

deadline for submission of bids, in accordance with ITB 22. Any

bid received by the Purchaser after the deadline for submission

of bids shall be declared late, rejected, and returned unopened to

the Bidder.

24. Withdrawal,

Substitution,

and

Modification of

Bids

24.1 A Bidder may withdraw, substitute, or modify its bid after it has

been submitted by sending a written notice, duly signed by an

authorized representative, and shall include a copy of the

authorization in accordance with ITB 20.2, (except that withdrawal

notices do not require copies). The corresponding substitution or

modification of the bid must accompany the respective written

notice. All notices must be:

(a) prepared and submitted in accordance with ITB 20 and ITB

21 (except that withdrawals notices do not require

copies), and in addition, the respective envelopes shall be

clearly marked “Withdrawal,” “Substitution,”

“Modification;” and

(b) received by the Purchaser prior to the deadline prescribed for

submission of bids, in accordance with ITB 22.

24.2 Bids requested to be withdrawn in accordance with ITB 24.1

shall be returned unopened to the Bidders.

24.3 No bid may be withdrawn, substituted, or modified in the

interval between the deadline for submission of bids and the

expiration of the period of bid validity specified by the Bidder on

the Letter of Bid or any extension thereof.

25. Bid Opening 25.1 The Purchaser shall conduct the bid opening in public, in the

presence of Bidders` designated representatives and anyone who

choose to attend, and at the address, date and time specified in

the BDS. Any specific electronic bid opening procedures

required if electronic bidding is permitted in accordance with

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Section I. Instructions to Bidders 1-21

BIDDING DOCUMENT FOR HIRE OF VENUE TO HOST CMAAE SHARED FACILITY FOR SPECIALIZATION AND ELECTIVES (SFSE)

FOR THE PERIOD 2020-2022

ITB 21.1, shall be as specified in the BDS.

25.2 First, envelopes marked “Withdrawal” shall be opened and read

out and the envelope with the corresponding bid shall not be

opened, but returned to the Bidder. No bid withdrawal shall be

permitted unless the corresponding withdrawal notice contains a

valid authorization to request the withdrawal and is read out at

bid opening. Next, envelopes marked “Substitution” shall be

opened and read out and exchanged with the corresponding bid

being substituted, and the substituted bid shall not be opened, but

returned to the Bidder. No bid substitution shall be permitted

unless the corresponding substitution notice contains a valid

authorization to request the substitution and is read out at bid

opening. Envelopes marked “Modification” shall be opened and

read out with the corresponding bid. No bid modification shall be

permitted unless the corresponding modification notice contains

a valid authorization to request the modification and is read out

at bid opening. Only bids that are opened and read out at bid

opening shall be considered further.

25.3 The Purchaser shall open all other envelopes one at a time and

read out: the name of the Bidder, the Bid Price(s), any discounts

and their application methodology, alternative bids, the presence

or absence of a bid security or Bid-Securing Declaration; and any

other details as the Purchaser may consider appropriate. Only

discounts and alternative bids read out at bid opening shall be

considered for evaluation. No bid shall be rejected at bid opening

except for late bids, in accordance with ITB 23.1.

25.4 The Purchaser shall prepare a record of the bid opening that shall

include, as a minimum: the name of the Bidder and whether there

is a withdrawal, substitution, or modification; the Bid Price, per

lot if applicable, including any discounts and alternative

proposals; and the presence or absence of a bid security or a Bid-

Securing Declaration. The Bidders’ representatives who are

present shall be requested to sign the record. The omission of a

Bidder’s signature on the record shall not invalidate the contents

and effect of the record. A copy of the record shall be distributed

to all Bidders who submitted bids in time, and posted online

when electronic bidding is permitted.

E. Examination of Bids

26. Confidentiality 26.1 Information relating to the evaluation of bids shall not be

disclosed to Bidders or any other persons not officially

concerned with such process until information on Contract

award is communicated to all Bidders.

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Section I. Instructions to Bidders 1-22

26.2 Any attempt by a Bidder to influence improperly the Purchaser

in the evaluation of the bids or Contract award decisions may

result in the rejection of its bid.

26.3 Notwithstanding ITB 26.1, from the time of bid opening to the

time of Contract award, if any Bidder wishes to contact the

Purchaser on any matter related to the bidding process, it should

do so in writing.

27. Clarification of

Bids

27.1 To assist in the examination, evaluation, and comparison of the

bids, and qualification of the Bidders, the Purchaser may, at its

discretion, ask any Bidder for a clarification of its bid, allowing a

reasonable time for response. Any clarification submitted by a

Bidder that is not in response to a request by the Purchaser shall

not be considered. The Purchaser’s request for clarification and

the response shall be in writing. No change in the prices or

substance of the bid shall be sought, offered, or permitted, except

to confirm the correction of arithmetic errors discovered by the

Purchaser in the evaluation of the bids, in accordance with ITB

29.

27.2 If a Bidder does not provide clarifications of its bid by the date

and time set in the Purchaser’s request for clarification, its bid

may be rejected.

28. Determination

of

Responsiveness

28.1 The Purchaser’s determination of a bid’s responsiveness is to be

based on the contents of the bid itself, as defined in ITB 11.

28.2 A substantially responsive bid is one that meets the requirements

of the Bidding Document without material deviation, reservation,

or omission.

(a) “Deviation” is a departure from the requirements specified in

the Bidding Document;

(b) “Reservation” is the setting of limiting conditions or

withholding from complete acceptance of the requirements

specified in the Bidding Document; and

(c) “Omission” is the failure to submit part or all of the

information or documentation required in the Bidding

Document.

28.3 A material deviation, reservation, or omission is one that,

(a) if accepted, would:

(i) affect in any substantial way the scope, quality, or

performance of the Requirements as specified in Section VI;

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Section I. Instructions to Bidders 1-23

BIDDING DOCUMENT FOR HIRE OF VENUE TO HOST CMAAE SHARED FACILITY FOR SPECIALIZATION AND ELECTIVES (SFSE)

FOR THE PERIOD 2020-2022

or

(ii) limit in any substantial way, inconsistent with the Bidding

Document, the Purchaser’s rights or the Bidder’s obligations

under the proposed Contract; or

(b) if rectified, would unfairly affect the competitive position of

other Bidders presenting substantially responsive bids.

28.4 The Purchaser shall examine the technical aspects of the bid in

particular, to confirm that all requirements of Section VI have

been met without any material deviation, reservation, or

omission.

28.5 If a bid is not substantially responsive to the requirements of the

Bidding Document, it shall be rejected by the Purchaser and may

not subsequently be made responsive by correction of the

material deviation, reservation, or omission.

28.6 Provided that a bid is substantially responsive, the Purchaser may

waive any quantifiable nonconformity in the bid that does not

constitute a material deviation, reservation or omission.

28.7 Provided that a bid is substantially responsive, the Purchaser may

request that the Bidder submit the necessary information or

documentation, within a reasonable period of time, to rectify

nonmaterial nonconformities in the bid related to documentation

requirements. Requesting information or documentation on such

nonconformities shall not be related to any aspect of the price of

the bid. Failure of the Bidder to comply with the request may

result in the rejection of its bid.

28.8 Provided that a bid is substantially responsive, the Purchaser

shall rectify quantifiable nonmaterial nonconformities related to

the Bid Price. To this effect, the Bid Price shall be adjusted, for

comparison purposes only, to reflect the price of the non-

conforming item or component. The adjustment shall be made

using the methodology indicated in Section III, Evaluation and

Qualification Criteria.

F. Bid Evaluation and Comparison

29. Correction of

Arithmetical

Errors

29.1 The Purchaser shall use the criteria and methodologies indicated

in Section III, Evaluation and Qualification Criteria. No other

evaluation criteria or methodologies shall be permitted.

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Section I. Instructions to Bidders 1-24

29.2 Provided that the bid is substantially responsive, the Purchaser

shall correct arithmetical errors as indicated in Section III,

Evaluation and Qualification Criteria.

29.3 If a Bidder does not accept the correction of errors, its bid shall

be declared non-responsive and its Bid Security shall be forfeited

or the Bid -Securing Declaration executed.

30. Conversion to

Single

Currency

30.1 For evaluation and comparison purposes, the currency (ies) of the

bid shall be converted into a single currency as specified in

Section III, Evaluation and Qualification Criteria.

31. Bid

Adjustments

31.1 For evaluation and comparison purposes the Purchaser shall

adjust the bid prices using the criteria and methodology specified

in Section III. Evaluation and Qualification Criteria.

31.2 Unless otherwise specified in the BDS, no margin of domestic or

regional preference shall apply. If a margin of preference applies,

the application methodology shall be as specified in Section III,

Evaluation and Qualification Criteria, and in accordance with the

provisions stipulated in the Partner’s Rules and Procedures for

Procurement of Goods and Works.

32. Qualification

of the Bidder

32.1 The Purchaser shall determine to its satisfaction whether the

Bidder that is selected as having submitted the lowest evaluated

and substantially responsive bid meets the qualifying criteria

specified in Section III, Evaluation and Qualification Criteria.

32.2 The determination shall be based upon an examination of the

documentary evidence of the Bidder’s qualifications submitted by

the Bidder, pursuant to ITB 16.

32.3 An affirmative determination shall be a prerequisite for award of

the Contract to the Bidder. A negative determination shall result

in disqualification of the bid, in which event the Purchaser shall

proceed to the next lowest evaluated bid to make a similar

determination of that Bidder’s qualifications to perform

satisfactorily.

32.4 The capabilities of the manufacturers and subcontractors proposed

in its Bid to be used by the lowest evaluated Bidder for identified

major items of the Requirements will also be evaluated for

acceptability in accordance with the criteria and methodologies

defined in Section III, Evaluation and Qualification Criteria. Their

participation should be confirmed with a letter of intent between

the parties, as needed. Should a manufacturer or subcontractor be

determined to be unacceptable, the Bid will not be rejected, but

the Bidder will be required to substitute an acceptable

manufacturer or subcontractor without any change to the bid

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Section I. Instructions to Bidders 1-25

BIDDING DOCUMENT FOR HIRE OF VENUE TO HOST CMAAE SHARED FACILITY FOR SPECIALIZATION AND ELECTIVES (SFSE)

FOR THE PERIOD 2020-2022

price.

33. Comparison of

Bids

33.1 Subject to ITB 29, 30 and 31, the Employer shall compare all

substantially responsive bids to determine the lowest evaluated

bid.

34. Purchaser’s

Right to Accept

Any Bid, and

to Reject Any

or All Bids

34.1 The Purchaser reserves the right to accept or reject any bid, and

to annul the bidding process and reject all bids at any time prior

to contract award, without thereby incurring any liability to

Bidders. In case of annulment, all bids submitted and

specifically, bid securities, shall be promptly returned to the

Bidders.

G. Award of Contract

35. Award Criteria 35.1 Subject to ITB 34.1, the Purchaser shall award the Contract to the

Bidder whose offer has been determined to be the lowest

evaluated bid and is substantially responsive to the Bidding

Document, provided further that the Bidder is determined to be

qualified to perform the Contract satisfactorily.

35.2 At the time the Contract is awarded, the Purchaser reserves the

right to increase or decrease the quantity of Goods and Related

Services originally specified in Section VI, Requirements,

provided this does not exceed the percentages specified in the

BDS, and without any change in the unit prices or other terms and

conditions of the bid and the Bidding Document.

36. Notification of

Award

36.1 Prior to the expiration of the period of bid validity, the Purchaser

shall notify the successful Bidder, in writing, that its bid has been

accepted. The notification letter (hereinafter and in the

Conditions of Contract and Contract Forms called the “Letter of

Acceptance”) shall specify the sum that the Purchaser will pay

the Supplier in consideration of the supply of the Goods and

Related Services (hereinafter and in the Contract Forms called

“the Contract Price”).

36.2 Until a formal contract is prepared and executed, the notification

of award shall constitute a binding Contract.

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Section I. Instructions to Bidders 1-26

36.3 At the same time, the Purchaser shall also notify all other

Bidders of the results of the bidding process, and shall publish in

UNDB online and at the Partner’s website (www.afdb.org), the

results identifying the bid and lot numbers and the following

information: (i) name of each Bidder who submitted a Bid; (ii)

bid prices as read out at bid opening; (iii) name and evaluated

prices of each Bid that was evaluated; (iv) name of bidders

whose bids were rejected and the reasons for their rejection; and

(v) name of the winning Bidder, and the price it offered, as well

as the duration and summary scope of the contract awarded.

After publication of the award, unsuccessful bidders may request

in writing to the Purchaser for a debriefing seeking explanations

on the grounds on which their bids were not selected. The

Purchaser shall promptly respond in writing to any unsuccessful

Bidder who, after Publication of contract award, requests a

debriefing.

37. Signing of

Contract

37.1 Promptly upon notification, the Purchaser shall send the

successful Bidder the Contract Agreement.

37.2 Within twenty-eight (28) days of receipt of the Contract

Agreement, the successful Bidder shall sign, date, and return it to

the Purchaser.

37.3 Upon the successful Bidder’s furnishing of the signed Contract

Agreement and Performance Security pursuant to ITB 38, the

Purchaser will discharge its Bid Security, pursuant to ITB 19.

37.4 Notwithstanding ITB 37.2 above, in case signing of the Contract

Agreement is prevented by any export restrictions attributable to

the Purchaser, to the country of the Purchaser, or to the use of the

products/goods, systems or services to be supplied, where such

export restrictions arise from trade regulations from a country

supplying those products/goods, systems or services, the Bidder

shall not be bound by its bid, always provided, however, that the

Bidder can demonstrate to the satisfaction of the Purchaser and

of the Partner that signing of the Contract Agreement has not

been prevented by any lack of diligence on the part of the Bidder

in completing any formalities, including applying for permits,

authorizations and licenses necessary for the export of the

products/goods, systems or services under the terms of the

Contract Agreement.

38. Performance

Security

38.1 Within twenty-eight (28) days of the receipt of notification of

award from the Purchaser, the successful Bidder shall furnish the

performance security in accordance with the conditions of

contract, using for that purpose the Performance Security Form

included in Section IX, Contract Forms, or another form

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Section I. Instructions to Bidders 1-27

BIDDING DOCUMENT FOR HIRE OF VENUE TO HOST CMAAE SHARED FACILITY FOR SPECIALIZATION AND ELECTIVES (SFSE)

FOR THE PERIOD 2020-2022

acceptable to the Purchaser. If the performance security furnished

by the successful Bidder is in the form of a bond, it shall be issued

by a bonding or insurance company that has been determined by

the successful Bidder to be acceptable to the Purchaser. A foreign

institution providing a bond shall have a correspondent financial

institution located in the Purchaser’s Country.

Failure of the successful Bidder to submit the above-mentioned

Performance Security or sign the Contract shall constitute

sufficient grounds for the annulment of the award and forfeiture

of the bid security, or execution of the Bid-Securing Declaration.

In that event the Purchaser may award the Contract to the next

lowest evaluated Bidder whose offer is substantially responsive

and is determined by the Purchaser to be qualified to perform the

Contract satisfactorily.

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Section II. Bid Data Sheet 1-28

Section II. Bid Data Sheet

A. General

ITB 1.1

The number of the Invitation for Bids is : AERC/PROC/RFP/TMAE/2019-

2020/5501/024

The Purchaser is: African Economic Research Consortium

The name of the bidding process is: Hire of Venue to Host CMAAE Shared

Facility for Specialization and Electives (SFSE) for the Period 2020-2022

The identification number of the bidding process is:

AERC/PROC/RFP/TMAE/2019-2020/5501/024 The number and

identification of lots comprising this bidding process are: [N/A]

Method of selection: Lowest Evaluated Bidder

ITB 2.1 The Borrower is: African Economic Research Consortium

ITB 2.1 The specific Partner financing institution is: Various including ADF

ITB 2.1 The name of the Project is: Collaborative Masters in Agricultural and Applied

Economics (CMAAE)

ITB 4.1 (a) The individuals or firms in a joint venture, consortium or association shall

be jointly and severally liable.

ITB 4.4

A list of debarred firms is available at

http://www.afdb.org/debarred

B. Contents of Bidding Document

ITB 7.1 For clarifications purposes only, the Purchaser’s address is:

Attention: The Executive Director, African Economic Research Consortium

(AERC)

Street Address: MEBANK Towers, Jakaya Kikwete Road, P.O. Box 62882

Floor/Room number: 3rd floor

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Section II. Bid Data Sheet 1-29

BIDDING DOCUMENT FOR HIRE OF VENUE TO HOST CMAAE SHARED FACILITY FOR SPECIALIZATION AND ELECTIVES (SFSE)

FOR THE PERIOD 2020-2022

City: Nairobi

ZIP Code: 00200

Country: Kenya

Telephone: Tel: +254-20-2734150/7/9; +254-722 205272; +254-733 333298

Facsimile number: (+254-20)2734170, 2734173

Electronic mail address: [email protected]

Requests for clarifications should be received by the Purchaser no later

than fourteen (14) days prior to the deadline for submission of Bids.

ITB 7.4 A Pre-Bid meeting shall not take place.

If a Pre-Bid meeting will take place, it will be at the following date, time

and place:

Date: N/A

Time: N/A

Place: N/A

A site visit conducted by the Purchaser shall not be organized.

If a Site Visit will take place, it will be at the following date, time and

place:

Date: N/A

Time: N/A

Place: N/A

C. Preparation of Bids

ITB 10.1 The language of the bid is: English

ITB 11.1 (h) The Bidder must provide the following documentary evidence to establish the conformity

of the goods and Related Services with the Bidding Document:

(a) Written power of attorney of the signatory of the Bid to commit

the Bidder;

(b) Certifícate of Incorporation/Registration,

(c) Certified audited accounts for last three(3) years

(d) Technical Proposal Submission Form

(e) Financial Bid Submission Form

(f) Organization and Experts

(g) Experience in services of a similar nature and size for each

of the last five years, and details of Services under way or

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Section II. Bid Data Sheet 1-30

contractually committed; and names and address of clients

who may be contacted for further information on those

contracts;

(h) List of major items of facilities proposed to carry out the

Contract;

(i) Comments or Suggestions on the Terms of Reference and

on Counterpart Staff and Facilities to be provided by the

Client

(j) Work Schedule

(k) Team Composition, Key Experts Including the Team

Leader and Administrator, and attach Curriculum Vitae

(CV) including qualifications and experience of key site

management and technical personnel proposed for the

Contract;

(l) Statement of Undertaking (if required under Data Sheet)

(m) authority to the purchaser to seek references from the Bidder’s

bankers; information regarding any litigation, current or during

the last five years, in which the Bidder is involved, the parties

concerned, and disputed amount; and

(n) in the case of a bid submitted by a JVCA, JVCA agreement, or

letter of intent to enter into a JVCA including a draft agreement,

indicating at least the parts of the Requirements to be executed

by the respective partners.

All bidders must fulfil all above requirements in order to proceed to the

next stage of evaluation

ITB 11.1 (j) The Bidder shall submit with its bid the following additional documents: N/A

ITB 13.1 Alternative bids are invited in accordance with ITB 13.2 and/or 13.4 [Where alternative bids are invited, the Purchaser should specify the type(s) of

alternative(s) accepted in relation to ITB 13.2 and 13.4]

Alternative bids ARE NOT permitted.

ITB 13.2 Alternatives to the Time Schedule shall not be permitted.

ITB 13.4 Alternative technical solutions shall be permitted for the following parts of

the Goods and Related Services, as further detailed in the Specification:

none.

If alternative technical solutions are permitted, the evaluation method will

be as specified in Section III, Evaluation and Qualification Criteria.

Alternative technical solutions for the following parts of the Requirements:

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Section II. Bid Data Sheet 1-31

BIDDING DOCUMENT FOR HIRE OF VENUE TO HOST CMAAE SHARED FACILITY FOR SPECIALIZATION AND ELECTIVES (SFSE)

FOR THE PERIOD 2020-2022

none are permitted.

ITB 14.2 Prices shall not be fixed.

ITB 14.5 The version of the Incoterms is: N/A

ITB

14.6(a)(i)

The Incoterm for quoting goods offered from within the Purchaser’s

country is: N/A

ITB 14.6(b)

(i)

The Incoterm for quoting goods offered from outside the Purchaser’s

country is: N/A

ITB 14.7 The prices quoted by the Bidder shall be subject to adjustment during the

performance of the Contract. This shall be determined on the basis of

published inflation rate in the country of operation but shall not exceed

10 percent over the three-year contract period.

ITB 14.8 Prices quoted for each lot shall correspond at least to [insert percentage

figure] % of the items specified for each lot. N/A

Prices quoted for each item of a lot shall correspond at least to [insert

percentage figure] % of the quantities specified for this item of a lot. N/A

ITB 15.1 The currency(ies) of the bid and the payment currency(ies) shall be as

described below:

In case of ICB, Bidders to quote entirely in US Dollars

(a) The unit rates and the prices shall be quoted by the Bidder in the

Schedules, entirely in United States Dollars (US$).

(b) The rates of exchange to be used by the Bidder in arriving at the US

Dollars equivalent shall be specified by the Bidder in the Price

Schedules for Goods and Related Services, furnished in Section IV,

Bidding Forms, and shall apply for all payments under the Contract

so that no exchange risk will be borne by the successful Bidder.

(c) Bidders may be required by the Purchaser to justify, to the

Purchaser’s satisfaction, their local and foreign currency

requirements, and to substantiate that the amounts included in the

Price Schedules for Goods and Related Services, furnished in

Section IV, Bidding Forms, are reasonable, in which case a detailed

breakdown of the foreign currency requirements shall be provided by

Bidders.

ITB 16.2 The Bidder shall not submit with its bid, the Manufacturer’s Authorization

for the following part: N/A.

ITB 16.3 The Bidder shall not submit with its bid, evidence that it will be

represented by an Agent in the country.

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Section II. Bid Data Sheet 1-32

ITB 18.1 The bid validity period shall be: 90 days.

ITB 19.1 The Bidder shall furnish a Bid -Securing Declaration.

ITB 20.1 In addition to the original of the bid, the number of copies is: Two.

ITB 20.2 The written confirmation of authorization to sign on behalf of the Bidder

shall indicate:

The name and description of the documentation required to demonstrate the

authority of the signatory to sign the Bid such as a Power of Attorney.

D. Submission and Opening of Bids

ITB 21.1 Bidders shall not have the option of submitting their bids electronically.

ITB 21.1 (b) The electronic bidding submission procedures shall be: N/A.

ITB 22.1 For bid submission purposes only, the Purchaser’s address is:

Attention: The Executive Director, African Economic Research Consortium

(AERC)

Street Address: MEBANK Towers, 3rd Floor, Jakaya Kikwete Road

P.O. Box 62882-00200 Nairobi, Kenya

For identification of the bid the envelopes should indicate: Bid Number: AERC/PROC/RFP/TMAE/2019-2020/5501/024

The deadline for bid submission is:

Date: March 31, 2020

Time: 12:00 Hours East African Time (EAT)

ITB 25.1 The bid opening shall take place at:

Street Address: MEBANK Towers, Jakaya Kikwete Road

Floor/Room number: 3rd Floor

City : Nairobi

Country: Kenya

Date: March 31, 2020

Time: 12:00 Hours East African Time

ITB 25.1 The electronic bid opening procedures shall be: N/A

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Section II. Bid Data Sheet 1-33

BIDDING DOCUMENT FOR HIRE OF VENUE TO HOST CMAAE SHARED FACILITY FOR SPECIALIZATION AND ELECTIVES (SFSE)

FOR THE PERIOD 2020-2022

F. Bid Evaluation and Comparison

ITB 31.2 A margin of domestic or regional preference shall not apply.

G. Award of Contract

ITB 35.2 The maximum percentage by which quantities may be increased is: 30%

The maximum percentage by which quantities may be decreased is: 30%.

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1-34 Section III. Evaluation and Qualification Criteria

Section III. Evaluation and Qualification

Criteria

This Section contains all the criteria that the Purchaser shall use to evaluate bids and qualify

Bidders. In accordance with ITB 28 and ITB 32, no other factors, methods or criteria shall be used.

The Bidder shall provide all the information requested in the forms included in Section IV, Bidding

Forms.

1. Evaluation Criteria and Methodology

1.1 Alternative bid (If permitted in accordance with ITB 13.1) - N/A

Technical Alternative - N/A

Alternative Time for Completion [Insert the applicable criteria and methodology]

– N/A

1.2 Correction of Arithmetical Errors (In accordance with ITB 29.1)

(a) Where there are errors between the total of the amounts given under the column

for the price breakdown and the amount given under the Total Price, the former

shall prevail and the latter will be corrected accordingly;

(b) If there is a discrepancy between the unit price and the total price that is obtained

by multiplying the unit price and quantity, the unit price shall prevail and the total

price shall be corrected, unless in the opinion of the Purchaser there is an obvious

misplacement of the decimal point in the unit price, in which case the total price

as quoted shall govern and the unit price shall be corrected; (c) If there is an error in a total corresponding to the addition or subtraction of

subtotals, the subtotals shall prevail and the total shall be corrected; and (d) If there is a discrepancy between words and figures, the amount in words shall

prevail, unless the amount expressed in words is related to an arithmetic error, in

which case the amount in figures shall prevail subject to (a) and (b) above.

1.3 Conversion to a Single Currency (In accordance with ITB 30)

[In case of ICB] The currency that shall be used for bid evaluation and

comparison purposes to convert all bid prices expressed in various currencies into

a single currency is:

United States Dollars (US$)

The source of exchange rate shall be: The Central Bank of Kenya.

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Section III. Evaluation and Qualification Criteria 1-35

BIDDING DOCUMENT FOR HIRE OF VENUE TO HOST CMAAE SHARED FACILITY FOR SPECIALIZATION AND ELECTIVES (SFSE) FOR THE

PERIOD 2020-2022

The date for the exchange rate shall be: March 31, 2020

1.4 Discounts (In accordance with ITB 14.4)

The Purchaser will adjust the Bid Price, using the methodology prescribed by the

Bidder in its Letter of Bid, to take account of the Discounts offered by the Bidder in its

Letter of Bid, as read out at the Bid Opening.

1.5 Quantifiable Nonmaterial Nonconformities (In accordance with ITB 28.8)

The adjustment shall be made using the following methodology: [insert methodology]

N/A

1.6 Margin of Domestic or Regional Preference (If permitted in accordance

with ITB 31.2)

1.7 None

Any other Criteria or Methodology

1.7 [Insert the applicable criteria and methodology]

Technical Evaluation Criteria with score points

Financial Evaluation Criteria

2. Qualification Criteria

N.B.: This SBD for Procurement of Goods assumes that no Prequalification has taken place before

bidding. However, if a Prequalification process is undertaken, the Qualification Criteria stipulated

in this Section III, Evaluation and Qualification Criteria must be updated to ensure that the Bidder

and any Subcontractors shall meet or continue to meet the Criteria used at the time of

Prequalification.

2 Qualification (Without Prequalification)

2.1 Eligibility (TABLE)

2.2 Historical Contract Non-Performance (TABLE)

2.3 Financial Situation (TABLE)

2.4 Experience (TABLE)

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1-36 Section III. Evaluation and Qualification Criteria

2. Qualification Tables (Without Prequalification)

Qualification Criteria

Factor 2.1 Eligibility

Sub-Factor

Criteria

Documentation Required

Requirement

Bidder

Single

Entity

Joint Venture, Consortium or Association

All

partners

combined

Each partner

At least one

partner

2.1.1 Nationality Nationality in accordance

with ITB 4.2.

Must meet

requirement

Existing or

intended

JVCA must

meet

requirement

Must meet

requirement

N / A Form ELI –1.1

and 1.2, with

attachments

2.1.2 Conflict of

Interest

No- conflicts of interests

as described in ITB 4.3.

Must meet

requirement

Existing or

intended

JVCA must

meet

requirement

Must meet

requirement

N / A Letter of Bid

2.1.3 Partner

Ineligibility

Not having been declared

ineligible by the Partner as

described in ITB 4.4.

Must meet

requirement

Existing

JVCA must

meet

requirement

Must meet

requirement

N / A Letter of Bid

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Section III. Evaluation and Qualification Criteria 1-37

BIDDING DOCUMENT FOR HIRE OF VENUE TO HOST CMAAE SHARED FACILITY FOR SPECIALIZATION AND ELECTIVES (SFSE) FOR THE PERIOD 2020-2022

Factor 2.1 Eligibility

Sub-Factor

Criteria

Documentation Required

Requirement

Bidder

Single

Entity

Joint Venture, Consortium or Association

All

partners

combined

Each partner

At least one

partner

2.1.4 Government

Owned Entity

Compliance with

conditions of ITB 4.5 Must meet

requirement

Must meet

requirement

Must meet

requirement N / A

Form ELI –1.1

and 1.2, with

attachments

2.1.5 Ineligibility

based on a

United Nations

resolution or Borrower’s country law

Not having been excluded

as a result of the

Borrower’s country laws

or official regulations, or

by an act of compliance

with UN Security Council

resolution, in accordance

with ITB 4.8

Must meet

requirement

Existing

JVCA must

meet

requirement

Must meet

requirement N / A

Letter of Bid

Factor 2.2 Historical Contract Non-Performance

Sub-Factor

Criteria

Documentation

Required Requirement

Bidder

Single

Entity

Joint Venture, Consortium or Association

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1-38 Section III. Evaluation and Qualification Criteria

All

partners

combined

Each

partner

At least one

partner

2.2.1 History of non-performing contracts

Non-performance of a

contract did not occur

within the last three (3)

years prior to the

deadline for application

submission, based on all

information on fully

settled disputes or

litigation. A fully settled

dispute or litigation is one

that has been resolved in

accordance with the

Dispute Resolution

Mechanism under the

respective contract, and

where all appeal

instances available to the

bidder have been

exhausted.

Must meet

requirement

by itself or

as partner to

past or

existing

JVCA

N / A

Must meet

requirement

by itself or

as partner

to past or

existing

JVCA

N / A

Form CON - 2

2.2.2 Failure to

Sign Contract

Not being under execution

of a Bid-Securing

Declaration pursuant to

ITB 4.6 for three (3)

years.

Must meet

the

requirement

N / A

Must meet

the

requirement

itself or as

partner to a

JVCA

N / A

Letter of Bid

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Section III. Evaluation and Qualification Criteria 1-39

BIDDING DOCUMENT FOR HIRE OF VENUE TO HOST CMAAE SHARED FACILITY FOR SPECIALIZATION AND ELECTIVES (SFSE) FOR THE PERIOD 2020-2022

Factor 2.1 Eligibility

Sub-Factor

Criteria

Documentation Required

Requirement

Bidder

Single

Entity

Joint Venture, Consortium or Association

All

partners

combined

Each partner

At least one

partner

2.2.3 Pending

Litigation

All pending litigation

shall in total not represent

more than thirty percent

(30%) of the Bidder’s net

worth and shall be treated

as resolved against the

Bidder.

Must meet

requirement

by itself or

as partner to

past or

existing

JVCA

N / A

Must meet

requirement

by itself or

as partner to

past or

existing

JVCA

N / A

Form CON – 2

Factor 2.3 Financial Situation

Sub-Factor

Criteria

Documentation

Required Requirement

Bidder

Single

Entity

Joint Venture, Consortium or

Association

All

partners

combined

Each

partner

At least one

partner

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1-40 Section III. Evaluation and Qualification Criteria

Factor 2.3 Financial Situation

Sub-Factor

Criteria

Documentation

Required Requirement

Bidder

Single

Entity

Joint Venture, Consortium or

Association

All

partners

combined

Each

partner

At least one

partner

2.3.1

Historical

Financial

Performance

Submission of audited

balance sheets or if not

required by the law of the

bidder’s country, other

financial statements

acceptable to the

Purchaser, for the last

three [3] years to

demonstrate the current

soundness of the bidders’

financial position and its

prospective long term

profitability.

(criterion 1)

(criterion 2)

_____________

Must meet

requirement N / A

Must meet

requirement N / A

Form FIN – 3.1

with attachments

2.3.2.

Average

Annual

Turnover

Minimum average annual

turnover of US$700,000,

calculated as total certified

payments received for

contracts in progress or

completed, within the last

Three (3) years.

Must meet

requirement

Must meet

requirement

Must meet

fifty percent

(50%) of the

requirement

Must meet

Seventy

percent

(70%) of

the

requirement

Form FIN –3.2

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Section III. Evaluation and Qualification Criteria 1-41

BIDDING DOCUMENT FOR HIRE OF VENUE TO HOST CMAAE SHARED FACILITY FOR SPECIALIZATION AND ELECTIVES (SFSE) FOR THE PERIOD 2020-2022

Factor 2.3 Financial Situation

Sub-Factor

Criteria

Documentation

Required Requirement

Bidder

Single

Entity

Joint Venture, Consortium or

Association

All

partners

combined

Each

partner

At least one

partner

2.3.3.

Financial

Resources

The Bidder must

demonstrate access to, or

availability of, financial

resources such as liquid

assets, unencumbered real

assets, lines of credit, and

other financial means,

other than any contractual

advance payments to meet:

(i) the following cash-flow

requirement: US$150,000

and

(ii) the overall cash flow

requirements for this

contract and its current

commitments.

Must meet

requirement

Must meet

requirement

Must meet

fifty

percent

(50%) of the

requirement

Must meet

seventy

percent

(70%) of

the

requirement

Form FIN –3.3

+

Form CCC

Form FIN –3.3

+

Form CCC

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1-42 Section III. Evaluation and Qualification Criteria

Factor 2.4 Experience

Sub-Factor

Criteria

Documentation Required

Requirement

Bidder

Single Entity

Joint Venture, Consortium or

Association

All partners

combined

Each

partner

At least one

partner

2.4.1 Experience Experience as Supplier, in at

least five (5) contracts within

the last five (5) years, each

with a value of at least One

Hundred Thousand US

Dollars (US$100,000), that

have been successfully and

substantially completed and

that are similar to the

proposed Goods and Related

Services. The similarity shall

be based on the physical size,

complexity,

methods/technology or other

characteristics as described in

Section IV, Bidding Forms.

Must meet

requirement

Must meet

requirements

for all

characteristics

N / A

Must meet

requirement

for one

characteristic

Form EXP 2.4.1

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Section III. Evaluation and Qualification Criteria 1-43

BIDDING DOCUMENT FOR HIRE OF VENUE TO HOST CMAAE SHARED FACILITY FOR SPECIALIZATION AND ELECTIVES (SFSE) FOR THE PERIOD 2020-2022

3. Technical Evaluation criteria

Factor /

Sub-

Factor

Criteria Quantity (No.

of units)

No. of

days

Max

Poin

ts

Requirement

Facilities CMAAE lecture rooms (capacity of 35 persons each) with

desks and chairs, mounted projectors and screens 6 120

8

CMAAE Computer lab (capacity up to 45 persons and 45

computer desks/ workstations) and internet connected. 2 60 8

Internet enabled lecturers’ offices to sit Lecturers with

desktops, printers and access to kitchen/tea facilities. 8 120 5

Conference/Seminar room (capacity of 100 persons) (used

once per week) with projectors 1 16 5

CMAAE Secretariat office 1 140

2

Students accommodation rooms furnished & kitchenette with

necessary kitchen equipment (Internet, cooker, fridge,

microwave, utensils, crockery, washing machine) (maximum 3

sharing)

40 120

15

Lecturers accommodation single rooms furnished each with a

kitchenette with the necessary kitchen equipment (Internet,

cooker, fridge, microwave, utensils, crockery, washing

machine) (not sharing)

8 120

10

Library to sit 80-100 persons with relevant reading materials

for Agricultural Economics elective courses: Text books,

journals and fast speed internet connectivity (See website)

1 120

15

Internet connectivity in all classrooms, library, seminar rooms

and accommodation areas. 80 120

4

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1-44 Section III. Evaluation and Qualification Criteria

Factor /

Sub-

Factor

Criteria Quantity (No.

of units)

No. of

days

Max

Poin

ts

Requirement

Standard Sporting facility – including outdoor games field for

soccer matches, running/jogging, lawn tennis, basketball etc 1 120 2

Administrative capacity (staff) fully dedicated for 6 months.

(From June to November) 2 180 5

Medical facility and or medical insurance cover possibility 96 120

2

40-seater bus and a minivan for small trips 2 10

2

Airport

Transfers

Provide airport transfers for students Return trip to

and from

Airport

2

Past

experience

with

provider

Has the institution hosted such a post graduate academic group,

running for a minimum period of 3 months each for 5 years

before? 3 points for every 3 months period each year). No

point for a period less than 3 months.

15

Total 100

Minimum of 70 points will be required for bidder to proceed to Financial Evaluation

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Section III. Evaluation and Qualification Criteria 1-45

BIDDING DOCUMENT FOR HIRE OF VENUE TO HOST CMAAE SHARED FACILITY FOR SPECIALIZATION AND ELECTIVES (SFSE) FOR THE PERIOD 2020-2022

4. Financial Evaluation

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Section IV. Bidding Forms 1-47

Section IV. Bidding Forms

Table of Forms

Letter of Bid........................................................................................................................... 48

Price Schedule for Goods and Related Services ................................................................. 52

Form of Bid Security (Bank Guarantee) ............................................................................ 53

Form of Bid Security (Bid Bond) ......................................................................................... 55

Form of Bid–Securing Declaration...................................................................................... 56

Bidder’s Qualification .......................................................................................................... 57

Bidder Information Sheet..................................................................................................... 58

Partner to JVCA Information Sheet ................................................................................... 59

Historical Contract Non-Performance ................................................................................ 60

Current Contract Commitments ......................................................................................... 61

Financial Situation ................................................................................................................ 62

Average Annual Turnover ................................................................................................... 64

Financial Resources .............................................................................................................. 65

Experience ............................................................................................................................. 66

Experience (cont.) ................................................................................................................. 67

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1-48 Section IV. Bidding Forms

Letter of Bid

Date:

ICB No.:

Invitation for Bid No.:

Alternative No.:

To: _______________________________________________________________________

We, the undersigned, declare that:

(a) We have examined and have no reservations to the Bidding Document, including Addenda

issued in accordance with Instructions to Bidders (ITB) Clause 8: ;

(b) We offer to supply, in conformity with the Bidding Document, the following Goods and Related

Services:

;

(c) The total price of our Bid, excluding any discounts offered in item (d) below is:

[amount of foreign currency in words], [amount in figures], and [amount of local currency in

words], [amount in figures];

(d) The discounts offered and the methodology for their application are:

;

(e) Our bid shall be valid for a period of _________days from the date fixed for the bid

submission deadline in accordance with the Bidding Documents and it shall remain binding upon

us and may be accepted at any time before the expiration of that period;

(f) If our bid is accepted, we commit to furnish a performance security in accordance with ITB 38

and GC 13, for the due performance of the Contract;

(g) Our firm, including any subcontractors or suppliers for any part of the Contract, have

nationalities from eligible countries, in accordance with ITB 4.2;

(h) We, including any subcontractors or suppliers for any part of the Contract, do not have any

conflict of interest in accordance with ITB 4.3;

(i) We are not participating, as a Bidder or as a subcontractor, in more than one bid in this bidding

process in accordance with ITB 4.3, other than alternative offers submitted in accordance with

ITB 13

(j) Our firm, its affiliates or subsidiaries (including any subcontractors or suppliers for any part of

the contract), has not been declared ineligible by the Partner, or under a Bid-Securing

Declaration in the Purchaser’s country, or under the Purchaser’s country laws or official

regulations, or by an act of compliance with a decision of the United Nations Security Council,

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Section IV. Bidding Forms 1-49

BIDDING DOCUMENT FOR HIRE OF VENUE TO HOST CMAAE SHARED FACILITY FOR SPECIALIZATION AND ELECTIVES (SFSE)

FOR THE PERIOD 2020-2022

in accordance with ITB 4.4, 4.6 and 4.8, respectively. We are not participating, as a Bidder or as

a subcontractor, in more than one bid in this bidding process in accordance with ITB 4.3, other

than alternative offers submitted in accordance with ITB 13;

(k) We are not a government owned entity / We are a government owned entity but meet the

requirements of ITB 4.5;

(l) We are / are not under sanction by the World Bank, the IADB, EBRD or the AsDB for any

action of corruption and fraud in accordance with ITB 3. [If under sanction, please provide

details including date of start of sanction and duration].

(m) The following commissions, gratuities, or fees have been paid or are to be paid with respect to

the bidding process or execution of the Contract:

Name of Recipient Address Reason Amount

(If none has been paid or is to be paid, indicate “none.”)

We undertake that, in competing for (and, if the award is made to us, in executing) the above

contract, we will strictly observe the laws against fraud and corruption in force in the country of the

Purchaser , as such laws have been listed by the Purchaser in the bidding documents for this contract.

We understand that this bid, together with your written acceptance thereof included in your

notification of award, shall constitute a binding contract between us, until a formal contract is

prepared and executed.

We understand that you are not bound to accept the lowest evaluated bid or any other bid that you

may receive.

Name In the capacity of _

Signed

Duly authorized to sign the bid for and on behalf of

Dated on ________________________________ day of _______________________, _____

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1-50 Section IV. Bidding Forms

Background information for Services Required

1. The African Economic Research Consortium (AERC), established in July 1988, is a

public not-for-profit organization devoted to advanced policy research and training. The

principle objective is to strengthen local capacity for conducting independent, rigorous

inquiry into problems pertinent to the management of Sub-Saharan African economies

through synergistic programmes combining economic research with postgraduate training

in economics and agricultural and applied economics. The AERC’s Training Programme

comprises the following:

• The Collaborative Masters in Agricultural and Applied Economics

(CMAAE) Programme, which is spearheaded by departments of agricultural

economics in 17 public universities in Sub-Saharan Africa.

• The Collaborative Masters Programme (CMAP) in Economics, which spans

departments of economics in 25 public universities;

• The Collaborative PhD Programme (CPP) in Economics, which brings

together 8 participating universities.

The Shared Facility for Specialization and Electives (SFSE)

The typical degree programmes are divided into three components: core courses, elective

courses and thesis research. Each year, from August to November, upon successful

completion of core courses at their home universities, students from CMAAE-accredited

universities proceed to a shared facility commonly referred to as the Shared Facility for

Specialization and Electives (SFSE) to be taught a menu of elective courses by visiting

lecturers sourced internationally. The SFSE admits approximately 80 CMAAE students

and runs for a period of 4 months comprising 2 semesters of 2 months each.

2. A serene teaching and learning environment is required for an international collaborative

academic programme, with the requisite administrative and infrastructural capacity to

provide full-board accommodation, offices for lecturers and staff, lecture rooms,

computer labs, library facilities and sports equipment and facilities during the duration of

the SFSE. The SFSE facilities should be fitted with fast and reliable internet connection.

Security of SFSE participants is of paramount importance as well as easy accessibility to

medical services.

3. Qualifications requirements include:

(i) An African international conference facility and/or academic institution within

sub-Saharan African region with demonstrated expertise and experience in the last

5 years of hosting international academic programmes of the magnitude of SFSE

and managing collaborative projects of post-graduate nature.

(ii) Ability to offer full-board accommodation for about 80 Collaborative Master’s

Programme in Agricultural and Applied Economics (CMAAE) students and 15

visiting lecturers for a period of 16 weeks.

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Section IV. Bidding Forms 1-51

BIDDING DOCUMENT FOR HIRE OF VENUE TO HOST CMAAE SHARED FACILITY FOR SPECIALIZATION AND ELECTIVES (SFSE)

FOR THE PERIOD 2020-2022

(iii) Adequate lecturers and staff offices with desktops/laptops, lecture rooms and

computer labs all complete with necessary equipment such as overhead projectors

in lecturer rooms, desktops, printers and photocopiers in all offices and a reliable

internet connection.

(iv) A well-stocked library with a complete section of relevant reading material and

access to journals in the field of Agricultural Economics. The reading materials

should adequately serve all the elective courses offered in the CMAAE

curriculum that can be accessed in the website. www.aercafrica.org

(v) Availability of adequate security for all participants and medical facility that is

well-staffed and equipped to handle any kind of emergencies or illnesses.

(vi) A consistent history of litigation or arbitration awards against a bidder or any

partner of a joint venture may result in disqualification.

Additional details are provided in the Bidding Documents.

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1-52 Section IV. Bidding Forms

Price Schedule for Goods and Related Services

Date:

ICB No.:

Invitation for Bid No.:

Alternative No.:

Name of the Bidder: _____________________________________________________________

ITEM DESCRIPTION

QUANTITY

(NO. OF

UNITS)

NO.

OF

DAYS

UNIT

RATE

PER

DAY

(US$)

AMOUNT

GROSS (US$)

VALUE

ADDED

TAX

(V.A.T)

NET

AMOUNT

(US$)

1 CMAAE lecture rooms

(capacity of 35 persons

each)

6 120

2 CMAAE Computer lab

(capacity up to 45

persons and 45

computer desks/

workstations)

2 120

3 CMAAE lecturers’

offices to sit two

lecturers with desktops,

printers/ & Tea

facilities

8 120

4 Conference/Seminar

room (capacity of 100

persons) (used once per

week) with projectors

1 16

5 CMAAE Secretariat

office with computers

and printers

1 140

6 Students

accommodation rooms

furnished & kitchenette

(maximum 3 sharing)

40 120

7 Lecturers

accommodation rooms

furnished and with

kitchenette (single

rooms)

8 120

8 Library to sit 80-100

persons with relevant

reading materials for

Agricultural

Economics elective

courses: Text books,

journals and internet

connectivity

1 120

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Section IV. Bidding Forms 1-53

BIDDING DOCUMENT FOR HIRE OF VENUE TO HOST CMAAE SHARED FACILITY FOR SPECIALIZATION AND ELECTIVES (SFSE)

FOR THE PERIOD 2020-2022

ITEM DESCRIPTION

QUANTITY

(NO. OF

UNITS)

NO.

OF

DAYS

UNIT

RATE

PER

DAY

(US$)

AMOUNT

GROSS (US$)

VALUE

ADDED

TAX

(V.A.T)

NET

AMOUNT

(US$)

9 Fast speed Internet

connectivity charges 80 120

10 Standard Sporting

facility – including

outdoor games field

1 120

11 Administrative

capacity (staff) 2 180

12 Medical facility 96 120

13 40-seater bus & Van 2 10

TOTAL

Name In the capacity of _

Signed

Duly authorized to sign the bid for and on behalf of ______________________________________

_________________________________________________________________________________

Dated on _______________________________ day of _____________________, ______.

Form of Bid Security (Bank Guarantee)

__________________________ [Bank’s Name, and Address of Issuing Branch or Office]

Beneficiary: __________________________ [Name and Address of Purchaser]

Date: __________________________

BID GUARANTEE No.: __________________________

We have been informed that __________________________ [name of the Bidder] (hereinafter called

"the Bidder") has submitted to you its bid dated ___________ (hereinafter called "the Bid") for the

execution of ________________ [name of contract] under Invitation for Bids No. ___________

(“the IFB”).

Furthermore, we understand that, according to your conditions, bids must be supported by a bid

guarantee.

At the request of the Purchaser, we ____________________ [name of Bank] hereby irrevocably

undertake to pay you any sum or sums not exceeding in total an amount of ___________ [amount in

figures] (____________) [amount in words] upon receipt by us of your first demand in writing

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1-54 Section IV. Bidding Forms

accompanied by a written statement stating that the Bidder is in breach of its obligation(s) under the

bid conditions, because the Bidder:

(a) has withdrawn its Bid during the period of bid validity specified by the Bidder in the

Letter of Bid; or

(b) having been notified of the acceptance of its Bid by the Purchaser during the period of

bid validity, (i) fails or refuses to execute the Contract Form, if required, or (ii) fails or

refuses to furnish the performance security, in accordance with ITB 38.

This guarantee will expire: (a) if the Bidder is the successful Bidder, upon our receipt of copies of the

contract signed by the Bidder and the performance security issued to you upon the instruction of the

Bidder; and (b) if the Bidder is not the successful Bidder, upon the earlier of (i) our receipt of a copy

your notification to the Bidder of the name of the successful Bidder; or (ii) twenty-eight days after the

expiration of the Bidder’s bid.

Consequently, any demand for payment under this guarantee must be received by us at the office on

or before that date.

This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 458.

Name: [insert complete name of Signatory]

Title: [insert title]

_____________________________

[signature(s)]

Note: All italicized text is for use in preparing this form and shall be deleted from the final

product.

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Section IV. Bidding Forms 1-55

BIDDING DOCUMENT FOR HIRE OF VENUE TO HOST CMAAE SHARED FACILITY FOR SPECIALIZATION AND ELECTIVES (SFSE)

FOR THE PERIOD 2020-2022

Form of Bid Security (Bid Bond)

BOND NO. ______________________

BY THIS BOND [name of Bidder] as Principal (hereinafter called “the Principal”), and [name, legal

title, and address of surety], authorized to transact business in [name of country of Purchaser ], as

Surety (hereinafter called “the Surety”), are held and firmly bound unto [name of Purchaser ] as

Oblige (hereinafter called “the Purchaser ”) in the sum of [amount of Bond]9 [amount in words], for

the payment of which sum, well and truly to be made, we, the said Principal and Surety, bind

ourselves, our successors and assigns, jointly and severally, firmly by these presents.

WHEREAS the Principal has submitted a written Bid to the Purchaser dated the ___ day of ______,

20__, for the supply Goods and Related Services of [name of Contract] (hereinafter called the

“Bid”).

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Principal:

(a) withdraws its Bid during the period of bid validity specified in the Letter of Bid; or

(b) having been notified of the acceptance of its Bid by the Purchaser during the period of Bid

validity; (i) fails or refuses to execute the Contract Form, if required; or (ii) fails or refuses

to furnish the Performance Security in accordance with ITB 38;

then the Surety undertakes to immediately pay to the Purchaser up to the above amount upon receipt

of the Purchaser ’s first written demand, without the Purchaser having to substantiate its demand,

provided that in its demand the Purchaser shall state that the demand arises from the occurrence of

any of the above events, specifying which event(s) has occurred.

The Surety hereby agrees that its obligation will remain in full force and effect up to and including

the date 28 days after the date of expiration of the Bid validity as stated in the Invitation to Bid or

extended by the Purchaser at any time prior to this date, notice of which extension(s) to the Surety

being hereby waived.

IN TESTIMONY WHEREOF, the Principal and the Surety have caused these presents to be executed

in their respective names this ____ day of ____________ 20__.

Principal: _______________________ Surety: _____________________________

Corporate Seal (where appropriate)

_______________________________ ____________________________________

(Signature) (Signature)

(Printed name and title) (Printed name and title)

9 The amount of the Bond shall be denominated in the currency of the Employer’s country or the

equivalent amount in a freely convertible currency.

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1-56 Section IV. Bidding Forms

Form of Bid–Securing Declaration

Date: [insert date (as day, month and year)]

Bid No.: [insert number of bidding process]

Alternative No.: [insert identification No if this is a Bid for an alternative]

To: [insert complete name of Purchaser]

We, the undersigned, declare that:

We understand that, according to your conditions, bids must be supported by a Bid-Securing

Declaration.

We accept that we will automatically be suspended from being eligible for bidding in any contract

with the Borrower for the period of time of [Purchaser to insert number of months or years] starting

on [insert date], if we are in breach of our obligation(s) under the bid conditions, because we:

(a) have withdrawn our Bid during the period of bid validity specified in the Form of Bid; or

(b) having been notified of the acceptance of our Bid by the Purchaser during the period of bid

validity, (i) fail or refuse to execute the Contract, if required, or (ii) fail or refuse to furnish the

Performance Security, in accordance with ITB 38.

We understand this Bid-Securing Declaration shall expire if we are not the successful Bidder, upon

the earlier of (i) our receipt of your notification to us of the name of the successful Bidder; or (ii)

twenty-eight days after the expiration of our Bid.

Signed: [insert signature of person whose name and capacity are shown] in the capacity of [insert

legal capacity of person signing the Bid-Securing Declaration]

Name: [insert complete name of person signing the Bid-Securing Declaration]

Duly authorized to sign the bid for and on behalf of: [insert complete name of Bidder]

Dated on ____________ day of __________________, _______ [insert date of signing]

Corporate Seal (where appropriate)

[Note: In case of a Joint Venture, the Bid-Securing Declaration must be in the name of all partners to

the Joint Venture that submits the bid.]

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Section IV. Bidding Forms 1-57

BIDDING DOCUMENT FOR HIRE OF VENUE TO HOST CMAAE SHARED FACILITY FOR SPECIALIZATION AND ELECTIVES (SFSE)

FOR THE PERIOD 2020-2022

Bidder’s Qualification

To establish its qualifications to perform the contract in accordance with Section III (Evaluation

and Qualification Criteria) the Bidder shall provide the information requested in the

corresponding Information Sheets included hereunder.

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1-58 Section IV. Bidding Forms

Bidder Information Sheet

Form ELI – 1.1

Date: ______________________

ICB No.: ________________

Invitation for Bid No.: ________

Page ________ of _______ pages

1. Bidder’s Legal Name

2. In case of Joint Venture, Consortium or Association (), legal name of each partner:

3. Bidder’s actual or intended Country of Constitution, Incorporation, or Registration:

4. Bidder’s Year of Constitution, Incorporation, or Registration:

5. Bidder’s Legal Address in Country of Constitution, Incorporation, or Registration:

6. Bidder’s Authorized Representative Information

Name:

Address:

Telephone/Fax numbers:

Email Address:

7. Attached are copies of original documents of:

Articles of Incorporation or Registration of firm named in 1, above, in accordance with ITB Clauses 4.1

and 4.2.

In case of JVCA, letter of intent to constitute a legally-enforceable JVCA, including a draft

agreement, or JVCA agreement, in accordance with ITB Clauses 4.1.

In case of government owned entity from the Purchaser’s country, documents establishing legal

and financial autonomy and compliance with the principles of commercial law, in accordance with

ITB Clause 4.5.

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Section IV. Bidding Forms 1-59

BIDDING DOCUMENT FOR HIRE OF VENUE TO HOST CMAAE SHARED FACILITY FOR SPECIALIZATION AND ELECTIVES (SFSE)

FOR THE PERIOD 2020-2022

Partner to JVCA Information Sheet

Form ELI – 1.2

Date: ______________________

ICB No.: ___________________

Invitation for Bid No.:______________

Page ________ of_ ______ pages

1. Bidder’s Legal Name:

2. JVCA Partner’s legal name:

3. JVCA Partner’s Country of Constitution, Incorporation, or Registration:

4. JVCA Partner’s Year of constitution into a legally-enforceable JVCA::

5. JVCA Partner’s Legal Address in Country of Constitution, Incorporation, or Registration:

6. JVCA Partner’s Authorized Representative Information

Name:

Address:

Telephone/Fax numbers:

Email Address:

7. Attached are copies of original documents of:

Articles of Constitution, Incorporation or Registration of firm named in 1, above, in accordance

with ITB Clauses 4.1 and 4.2.

In case of government owned entity from the Purchaser’s country, documents establishing legal

and financial autonomy and compliance with the principles of commercial law, in accordance with

ITB Clause 4.5.

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1-60 Section IV. Bidding Forms

Historical Contract Non-Performance

Form CON – 2

Bidder’s Legal Name: _______________________ Date: _____________________

JVCA Partner’s Legal Name: _______________________ ___________________

ICB No.: __________________

Page _______ of _______ pages

Non-Performing Contracts in accordance with Section III, Evaluation Criteria

Contract non-performance did not occur during the stipulated period, in accordance with Sub-

Factor 2.2.1 of Section III, Evaluation Criteria

Contract non-performance during the stipulated period, in accordance with Sub- Factor 2.2.1 of

Section III, Evaluation Criteria

Year Outcome as

Percent of

Total Assets

Contract Identification

Total Contract

Amount (current

value, US$

equivalent)

Pending Litigation, in accordance with Section III, Evaluation Criteria

No pending litigation in accordance with Sub-Factor 2.2.3 of Section III, Evaluation Criteria

Pending litigation in accordance with Sub-Factor 2.2.3 of Section III, Evaluation Criteria, as indicated

below

Year Outcome as

Percent of

Total Assets

Contract Identification

Total Contract

Amount (current

value, US$

equivalent)

______

______

Contract Identification:

Name of Purchaser:

Address of Purchaser:

Matter in dispute:

___________

______

______

Contract Identification:

Name of Purchaser:

Address of Purchaser:

Matter in dispute:

___________

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Section IV. Bidding Forms 1-61

BIDDING DOCUMENT FOR HIRE OF VENUE TO HOST CMAAE SHARED FACILITY FOR SPECIALIZATION AND ELECTIVES (SFSE)

FOR THE PERIOD 2020-2022

Current Contract Commitments

Form CCC

Bidders and each partner to a JVCA should provide information on their current commitments on all

contracts that have been awarded, or for which a letter of intent or acceptance has been received, or for

contracts approaching completion, but for which an unqualified, full completion certificate has yet to be

issued.

Name of contract Purchaser,

contact

address/tel/fax

Value of

outstanding supply

(current US$

equivalent)

Estimated

completion date

Average monthly

invoicing over last

six months

(US$/month)

1.

2.

3.

4.

5.

etc.

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1-62 Section IV. Bidding Forms

Financial Situation

Form FIN – 3.1

Historical Financial Performance

Bidder’s Legal Name: _______________________ Date: _____________________

JVCA Partner Legal Name: _______________________ ICB No.: __________________

Page _______ of _______ pages

To be completed by the Bidder and, if JVCA, by each partner

Financial

information in

US$ equivalent

Historic information for previous ______ (__) years

(US$ equivalent in 000s)

Year 1 Year 2 Year 3 Year … Year n Avg. Avg.

Ratio

Information from Balance Sheet

Total Assets

(TA)

Total

Liabilities

(TL)

Net Worth

(NW)

Current

Assets (CA)

Current

Liabilities

(CL)

Information from Income Statement

Total Revenue

(TR)

Profits Before

Taxes (PBT)

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Section IV. Bidding Forms 1-63

BIDDING DOCUMENT FOR HIRE OF VENUE TO HOST CMAAE SHARED FACILITY FOR SPECIALIZATION AND ELECTIVES (SFSE)

FOR THE PERIOD 2020-2022

Attached are copies of financial statements (balance sheets, including all related notes, and income

statements) for the years required above complying with the following conditions:

(a) Must reflect the financial situation of the Bidder or partner to a JVCA, and not sister or parent

companies;

(b) Historic financial statements must be audited by a certified accountant;

(c) Historic financial statements must be complete, including all notes to the financial statements;

(d) Historic financial statements must correspond to accounting periods already completed and

audited (no statements for partial periods shall be requested or accepted).

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1-64 Section IV. Bidding Forms

Average Annual Turnover

Form FIN – 3.2

Bidder’s Legal Name: ___________________________ Date: _____________________

JVCA Partner Legal Name: ____________________________ ICB No.: __________________

Page _______ of _______ pages

Annual turnover data

Year Amount and Currency US$ equivalent

_________________________________________ ____________________

_________________________________________ ____________________

_________________________________________ ____________________

_________________________________________ ____________________

_________________________________________ ____________________

*Average

Annual

Turnover

_________________________________________ ____________________

*Average annual turnover calculated as total certified payments received for supply in progress or

completed, divided by the number of years specified in Section III, Evaluation Criteria, Sub-Factor

2.3.2.

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Section IV. Bidding Forms 1-65

BIDDING DOCUMENT FOR HIRE OF VENUE TO HOST CMAAE SHARED FACILITY FOR SPECIALIZATION AND ELECTIVES (SFSE)

FOR THE PERIOD 2020-2022

Financial Resources

Form FIN – 3.3

Specify proposed sources of financing, such as liquid assets, unencumbered real assets, lines of credit,

and other financial means, net of current commitments, available to meet the total cash flow demands of

the subject contract or contracts as indicated in Section III, Evaluation and Qualification Criteria.

Source of financing Amount (US$ equivalent)

1.

2.

3.

4.

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1-66 Section IV. Bidding Forms

Experience

Form EXP – 2.4.1

Bidder’s Legal Name: ___________________________ Date: _____________________

JVCA Partner’s Legal Name: _________________________ ICB No.: __________________

Page _______ of _______ pages

Similar Contract Number: ___ of ___

required.

Information

Contract Identification _______________________________________

Award date

Completion date

_______________________________________

_______________________________________

Role in Contract

Total contract amount ____________________________ US$_______

If partner in a JVCA, specify participation in

total contract amount

__________%

US$_______

Purchaser’s Name: _______________________________________

Address:

Telephone/fax number:

E-mail:

_______________________________________

_______________________________________

_______________________________________

_______________________________________

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Section IV. Bidding Forms 1-67

BIDDING DOCUMENT FOR HIRE OF VENUE TO HOST CMAAE SHARED FACILITY FOR SPECIALIZATION AND ELECTIVES (SFSE)

FOR THE PERIOD 2020-2022

Experience (cont.)

Form EXP – 2.4.1 (cont.)

Bidder’s Legal Name: ___________________________ Page _______ of _______ pages

JVCA Partner’s Legal Name: ___________________________

Similar Contract No. __ [insert specific

number] of [total number of contracts] ___

required

Information

Description of the similarity in accordance

with Sub-Factor 2.4.1) of Section III:

Amount _________________________________

Physical size _________________________________

Complexity _________________________________

Methods/Technology _________________________________

Other Characteristics _________________________________

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Section VI. Requirements 2-69

Section V. Eligible Countries

Eligibility for the Provision of Goods, Works and Related Services in Partner-financed

Procurement

A. Provision at Paragraph 1.6 of the Partner’s Rules and Procedures for

Procurement of Goods and Works

1.6 AERC’s Partners permits firms and individuals from all countries to offer goods, works

and services for its projects. However, the proceeds of any Financing undertaken in the

operations of the project shall be used for procurement of goods and works, including the

related services, provided by bidders from Eligible10 Countries.11 Any conditions for

participation shall be limited to those that are essential to ensure the firm’s capability to fulfil

the contract in question. Eligible countries are limited to their presence in Sub-Saharan

region.

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70 Section VI. Supply Requirements

PART 2 – Purchaser’s

Requirements

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2-71 Section VI. Requirements

Section VI. Requirements

Contents

1. List of Goods and Related Services ......................................................................... 72

2. Delivery and Completion Schedule ......................................................................... 73

3. Technical Specifications ........................................................................................... 74

4. Drawings .................................................................................................................... 77

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Section VI. Requirements 2-72

1. List of Goods and Related Services

Performance Specifications Outputs/Requirements Quantity

1 Lecture rooms (capacity 35 persons each) 6

2 Computer lab (capacity 45 persons) 2

3 Lecturers’ offices (capacity 2 persons per office) 8

4 Lecturers’ lounge/Common room (capacity 25 persons) 1

5 Conference/Seminar room (capacity 100 persons) 1

6 CMAAE Secretariat office 1

7 Students accommodation (doubles rooms) 40

8 Fully furnished lecturer’s accommodation (single rooms) 8

9 Library room within an existing library to sit 80-100 students and

with internet connectivity, with relevant reading materials for

Agricultural Economics elective courses- Text books and journals 1

10 Medical facility (e.g. medical insurance) 1

11 Reliable internet connectivity in lecture rooms, library, offices and

accommodation areas. 80

12 Sporting facilities (e.g. running track, football pitch, indoor and

outdoor courts for tennis, badminton, squash, etc., swimming pool) 1

13 Administrative services (For disbursement of Students’ allowances

and accounting of funds) 2

14 Transport vehicles 2

15 Security of participants N/A

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2-73 Section VI. Requirements

2. Delivery and Completion Schedule

DATES FOR THE SFSE 2020-2022

Collaborative Masters Programme in Agricultural and Applied Economics (CMAAE)

• SFSE Duration:

August 1, 2020 to November 30, 2020

• Semester I:

August 1 to September 30, 2020

• Semester II:

October 1 to on or before November

30, 2020

• The dates for the SFSE 2021 and

2022 will be around the same period

Notes

(i) CMAAE SFSE participants (visiting lecturers and students)

will arrive on Monday August 3, 2020.

(ii) First semester CMAAE SFSE visiting lecturers will depart

at the end of the semester on September 30 while the

second semester lecturers will arrive on October 1, 2020

and depart with the CMAAE students on or before

November 30, 2020.

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Section VI. Requirements 2-74

3. Technical Specifications

1. NUMBER OF PARTICIPANTS

Participants No. of

Persons Comments

1 CMAAE SFSE Students 80

• NB: There will be an additional students

attending on a non-boarding basis from The

hosting University participating in the

Electives to be determined by the university

2 SFSE Lecturers (Per Semester) 8 visiting

• There will be other lecturers recruited by

AERC from the department/University on a

non-boarding basis.

3 Shared facility Academic and

Administrative Staff 2

• The Department Head to over-see the

running of the facility assisted by the Admn

staff.

• Institution to second 2 staff to the Program

for administration and finances reporting to

the HoD and to AERC through the HoD

Totals 90

2. ACCOMMODATION REQUIREMENTS

Participants

Single

Rooms

Quantity

Triple Rooms Quantity

Total

Accommodation

required

1 CMAAE SFSE

Students 80 30 (If single room accommodation is

unavailable) 80

2 CMAAE SFSE

Lecturers 8 0 8

Total 88 30 88

Specific Accommodation Requirements:

• CMAAE students may be accommodated in double rooms (3 students per room) so

long as the rooms are large enough and are fitted with the necessary furnishings

(desks, reading desks and lamps, wardrobes, etc) sufficient for two people.

• Lecturers will be accommodated individually in fully furnished, self-contained single

rooms, flats or suites.

• The accommodation facilities should be accompanied by adequate water supply,

electricity, room cleaning services and garbage collection.

• Additionally, they should provide a washing and drying area for the said number of

participants.

• They should be located in an area with access to shopping facilities and /or supplies

for average household usage.

• Adequate security systems and support should also be available.

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2-75 Section VI. Requirements

3. OFFICES, LECTURE ROOMS AND COMPUTER LABS REQUIREMENTS

4. OTHER FACILITIES REQUIREMENTS

5. (a) Restaurant/Dining or Kitchen Facilities

The institution should provide:

i) Either A restaurant providing meals and a dining area for students and lecturers. The

students’ dining hall should sit 80 persons while the lecturers’ dining area should sit 15 persons at

ago. The restaurant should have capacity to offer a variety of good quality food options that meet

the tastes of diverse nationalities in sub-Saharan Africa (Central Africa, Eastern and Southern

Africa).

ii) Or the accommodation should include adequate cooking facilities or kitchens. The kitchens

additionally should be equipped with suitable equipment including fridges, microwaves,

sufficient cutlery and crockery for daily use and accompanied with kitchen cleaning services.

6. (b) Library Facilities

• The Library should be sufficient to sit approximately 80 to 100 persons.

• It should adequately provide a wide range of Agricultural Economics reading and reference

materials preferably in a separate section from the main library within the institution.

• The Agricultural Economics library should be easily accessible by students and lecturers

and be open for some reasonable time preferably up to 10.00pm. Security within and around the

library facility should be assured.

• The library must have internet connectivity and facilities for accessing journals and other

online learning materials

7. (c) Storage

Upon completion of the SFSE in November, AERC will need to store all its materials and

equipment at the institution until the following year. A secure storage facility (approximately 20 x

20 ft) would be required for this purpose. The store should be accessible to AERC/SFSE staff at

all times even after the end of the SFSE session.

8. (d) Internet

The SFSE facilities should be fitted with fast and reliable internet connection that can adequately

serve the academic and administrative needs of the program. Of particular importance is

provision of internet connectivity to the SFSE library, computer labs, seminar room, lecturers’

and staff offices. Where possible, the internet connection should be provided in the

accommodation rooms as well as class/lecture rooms.

9. (e) Sports Facilities

All SFSE participants should have access to sports equipment and facilities, which may be used

in accordance with your existing rules and regulations, or as may be agreed upon from time to

time.

10. (f) Administration of Accounting of finances

• The Institution’s finance management systems in conjunction with the Agricultural

Economics department of the Institution will be charged with the fiducial duty of receiving funds

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Section VI. Requirements 2-76

from AERC, managing them and reporting the utilization of the funds according to a budget to be

set out upon awarding of the contract.

• AERC would expect that the institutions’ staff seconded to the SFSE, to handle all

administrative matters including time table keeping, class room allocation, exam scheduling,

educational trips logistics, orientation of students and settling them down in the facility among

other duties to be discussed upon contracting.

• Most importantly, the staff will assist the program in making payment of participants’

stipends and allowances. Such payments can be scheduled monthly or as mutually agreed upon.

The payments should be paid in the local currency of the country and adequate supporting

documents provided for accounting purposes.

• The institution should have accounting and/or administrative capacity to handle, disburse

and account for such funds.

11. (g) Medical Facilities

The Institution should be able to provide affordable medical facilities for all the visiting

participants. Such a facility should be well staffed and equipped to handle any kind of

emergencies or illnesses and able to cater for people from diverse backgrounds and culture.

Alternatively the Institution should be in a position to negotiate a reasonable rate with an efficient

and reputable Medical Insurance company in the country.

Qualification of Staff Managing the Training/Conferencing Facility

Provide a summary of qualification and experience of the two key operational staff at the venue

facility (attach curriculum vitae).

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2-77 Section VI. Requirements

4. Drawings

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Section VII. General Conditions of Contract 3-79

PART 3 –Conditions of

Contract and Contract

Forms

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3-80 Section VII. General Conditions of Contract

Section VII. General Conditions

Table of Clauses

General Provisions ................................................................................................................ 83

Definitions .............................................................................................................................. 83

The Contract.......................................................................................................................... 83

Parties and Persons ............................................................................................................... 84

Money and Payments ............................................................................................................ 84

Goods and Related Services ................................................................................................. 84

Other Definitions ................................................................................................................... 85

Interpretation ........................................................................................................................ 85

Communications ................................................................................................................... 86

Law and Language ................................................................................................................ 87

Priority of Documents........................................................................................................... 87

Contract Agreement ............................................................................................................. 88

Assignment............................................................................................................................. 88

Copyright ............................................................................................................................... 88

Confidential Details .............................................................................................................. 89

Compliance with Laws ......................................................................................................... 89

Joint and Several Liability ................................................................................................... 90

Inspections and Audit by the Partner ................................................................................. 90

Contract Documents ............................................................................................................. 90

Fraud and Corruption .......................................................................................................... 91

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Section VII. General Conditions of Contract 3-81

Eligibility ................................................................................................................................ 93

Notices .................................................................................................................................... 93

Settlement of Disputes .......................................................................................................... 93

Scope of Supply ..................................................................................................................... 94

Delivery .................................................................................................................................. 94

Supplier’s Responsibilities ................................................................................................... 94

Contract Price ....................................................................................................................... 94

Terms of Payment ................................................................................................................. 94

Taxes and Duties ................................................................................................................... 95

Performance Security ........................................................................................................... 95

Subcontracting ...................................................................................................................... 96

Specifications and Standards ............................................................................................... 96

Codes, Standards and Drawings .......................................................................................... 96

Packing and Documents ....................................................................................................... 96

Insurance ............................................................................................................................... 96

Transportation ...................................................................................................................... 97

Inspections and Tests ............................................................................................................ 97

Liquidated Damages ............................................................................................................. 98

Warranty ............................................................................................................................... 98

Patent Indemnity ................................................................................................................... 99

Limitation of Liability ........................................................................................................ 100

Change in Laws and Regulations ...................................................................................... 100

Force Majeure ..................................................................................................................... 101

Change Orders and Contract Amendments ..................................................................... 101

Extensions of Time .............................................................................................................. 102

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3-82 Section VII. General Conditions of Contract

Termination ......................................................................................................................... 102

Export Restrictions ............................................................................................................. 103

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Section VII. General Conditions of Contract 3-83

Section VII. General Conditions

African Economic Research Consortium Hire of Venue to Host CMAAE Shared Facility for Specialization and Electives

(SFSE) for the Period 2020-2022

These General Conditions (GC), read in conjunction with the Particular

Conditions (PC) and other documents listed therein, constitute a complete

document expressing the rights and obligations of the parties.

1. General Provisions

1.1 Definitions

In the Conditions of Contract (“these Conditions”), which include Particular

Conditions, and these General Conditions, the following words and

expressions shall have the meanings stated. Words indicating persons or

parties include corporations and other legal entities, except where the

context requires otherwise.

1.1.1 The Contract

1.1.1.1 “Contract” means the Contract Agreement, the Letter of Acceptance, the

Letter of Bid, these Conditions, the Specification, the Schedules, and the

further documents (if any) which are listed in the Contract Agreement or in

the Letter of Acceptance.

1.1.1.2 “Contract Agreement” means the contract agreement referred to in Clause

1.6 [Contract Agreement].

1.1.1.3 “Letter of Acceptance” means the letter of formal acceptance, signed by the

Purchaser, of the Letter of Bid, including any annexed memoranda

comprising agreements between and signed by both Parties. If there is no

such letter of acceptance, the expression “Letter of Acceptance” means the

Contract Agreement and the date of issuing or receiving the Letter of

Acceptance means the date of signing the Contract Agreement.

1.1.1.4 “Letter of Bid” means the document entitled letter of bid, which was

completed by the Supplier and includes the signed offer to the Purchaser for

the Goods.

1.1.1.5 “Specification” means the document entitled specification, as included in the

Contract, and any additions and modifications to the specification in

accordance with the Contract. Such document specifies the Goods.

1.1.1.6 “Drawings” means the drawings of the Goods, as included in the Contract,

and any additional and modified drawings issued by (or on behalf of) the

Purchaser in accordance with the Contract.

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3-84 Section VII. General Conditions of Contract

1.1.1.7 “Schedules” means the document(s) entitled schedules, completed by the

Supplier and submitted with the Letter of Bid, as included in the Contract.

Such document may include the Bill of Quantities, data, lists, and schedules

of rates and/or prices.

1.1.1.8 “Bid” means the Letter of Bid and all other documents which the Supplier

submitted with the Letter of Bid, as included in the Contract.

1.1.2 Parties and Persons

1.1.2.1 “Party” means the Purchaser or the Supplier, as the context requires.

1.1.2.2 “Purchaser” means the person named as purchaser in the Particular

Conditions and the legal successors in title to this person.

1.1.2.3 “Supplier” means the person(s) named as supplier in the Letter of Bid

accepted by the Purchaser and the legal successors in title to this person(s).

1.1.2.4 “Subcontractor” means any person named in the Contract as a

subcontractor, or any person appointed as a subcontractor, for a part of the

Goods or the Related Services; and the legal successors in title to each of

these persons.

1.1.2.5 “Bank” means the financing institution (if any) named in the PC.

1.1.2.6 “Borrower” means the person (if any) named as the borrower in the PC.

1.1.3 Dates, Tests, Periods and Completion “Base Date” mean the date 28 days

prior to the latest date for submission of the Bid.

1.1.3.1 “Acceptance Test” means the tests (if any) which are specified in the

Contract and which are carried out in accordance with the Specification for

the purpose of issuing the “Acceptance Certificate”.

1.1.3.3 “Completion” means the fulfilment of the Related Services by the Supplier in

accordance with the terms and conditions set forth in the Contract.

1.1.3.4 “day” means a calendar day and “year” means 365 days.

1.1.4 Money and Payments

1.1.4.1 “Contract Price” means the price defined in GC Clause 10 [The Contract

Price], and includes adjustments in accordance with the Contract.

1.1.5 Goods and Related Services

1.1.5.1 “Goods” means all of the commodities, raw material, machinery and

equipment, and/or other materials that the Supplier is required to supply to

the Purchaser under the Contract.

1.1.5.2 “Related Services” means the services incidental to the supply of the Goods,

such as insurance, transportation, installation, commissioning, training and

initial maintenance and other such obligations of the Supplier under the

Contract.

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Section VII. General Conditions of Contract 3-85

1.1.6 Other Definitions

1.1.6.1 “Purchaser’s Country” is the country specified in the PC.

1.1.6.2 “Force Majeure” is defined in GC Clause 25 [Force Majeure].

1.1.6.3 “Laws” means all national (or state) legislation, statutes, ordinances and

other laws, and regulations and by-laws of any legally constituted public

authority.

1.1.6.4 “Performance Security” means the security (or securities, if any) under GC

Clause 13 [Performance Security].

1.1.6.5 “Project Site,” where applicable, means the place named in the PC.

1.1.6.6 “Unforeseeable” or “Unforeseen” means not reasonably foreseeable by an

experienced Purchaser by the Base Date.

1.1.6.7 “Change Order” or “Change” is defined in Clause 26 [Change Orders and

Contract Amendments].

1.2 Interpretation

1.2.1 Interpretation in the Contract, except where the context requires otherwise:

(a) words indicating one gender include all genders;

(b) words indicating the singular also include the plural and words indicating

the plural also include the singular;

(c) provisions including the word “agree”, “agreed” or “agreement” require

the agreement to be recorded in writing;

(d) “written” or “in writing” means hand-written, type-written, printed or

electronically made, and resulting in a permanent record;

(e) the word “tender” is synonymous with “bid” and “tenderer” with “bidder”

and the words “tender documents” with “bidding documents”.

1.2.2 The marginal words and other headings shall not be taken into consideration

in the interpretation of these Conditions.

1.2.3 Incoterms

(a) Unless inconsistent with any provisions in the Contract, the meaning

of any trade term and the rights and obligations of Parties thereunder

shall be as prescribed by Incoterms.

(b) The Incoterms, when used, shall be governed by the rules prescribed in

the current edition of Incoterms, specified in the PC, and published by

the International Chamber of Commerce, Paris, France

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1.2.4 Entire Agreement

The Contract constitutes the entire agreement between the Purchaser and the

Supplier and supersedes all communications, negotiations and agreements

(whether written or oral) of the Parties with respect thereto made prior to the

date of Contract.

1.2.5 Amendment

No amendment or other variation of the Contract shall be valid unless it is in

writing, is dated, expressly refers to the Contract, and is signed by a duly

authorized representative of each Party thereto.

1.2.6

Nonwaiver

(a) Subject to GC Clause 1.2.5(b) below, no relaxation, forbearance,

delay, or indulgence by either Party in enforcing any of the terms

and conditions of the Contract or the granting of time by either

Party to the other shall prejudice, affect, or restrict the rights of

that Party under the Contract, neither shall any waiver by either

Party of any breach of Contract operate as waiver of any

subsequent or continuing breach of Contract.

(b) (Any waiver of a Party’s rights, powers, or remedies under the

Contract must be in writing, dated, and signed by an authorized

representative of the Party granting such waiver, and must

specify the right and the extent to which it is being waived.

1.2.7 Severability

If any provision or condition of the Contract is prohibited or rendered

invalid or unenforceable, such prohibition, invalidity or unenforceability

shall not affect the validity or enforceability of any other provisions and

conditions of the Contract.

1.2.8 “Eligible Countries” means the countries and territories eligible stipulated by

the Partner’s Rules and Procedures for Procurement of Goods and Works,

and as listed in Section V, Eligible Countries.

1.3 Communications

1.3.1 Wherever these Conditions provide for the giving or issuing of approvals,

certificates, consents, determinations, notices, requests and discharges, these

communications shall be:

(a) in writing and delivered by hand (against receipt), sent by mail or courier, or

transmitted using any of the agreed systems of electronic transmission as

stated in the PC; and

(b) delivered, sent or transmitted to the address for the recipient’s

communications as stated in the PC. However:

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Section VII. General Conditions of Contract 3-87

(i) if the recipient gives notice of another address, communications shall

thereafter be delivered accordingly; and

(ii) if the recipient has not stated otherwise when requesting an approval or

consent, it may be sent to the address from which the request was issued

1.3.2 Approvals, certificates, consents and determinations shall not be

unreasonably withheld or delayed. When a certificate is issued to a Party, the

certifier shall send a copy to the other Party.

1.4 Law and Language

1.4.1 The Contract shall be governed by the law of the country or other

jurisdiction stated in the PC.

The ruling language of the Contract shall be that stated in the PC.

The language for communications shall be that stated in the PC. If no

language is stated there, the language for communications shall be the ruling

language of the Contract.

1.4.2 Supporting documents and printed literature that are part of the Contract

may be in another language provided they are accompanied by an accurate

translation of the relevant passages in the language specified, in which case,

for purposes of interpretation of the Contract, this translation shall govern.

The Supplier shall bear all costs of translation to the governing language

and all risks of the accuracy of such translation, for documents provided by

the Supplier.

1.5 Priority of Documents

1.5.1 The documents forming the Contract are to be taken as mutually explanatory

of one another. For the purposes of interpretation, the priority of the

documents shall be in accordance with the following sequence:

(a) the Contract Agreement (if any),

(b) the Letter of Acceptance,

(c) the Bid,

(d) the Particular Conditions

(e) these General Conditions,

(f) the Specification,

(g) the Drawings, and

(h) the Schedules and any other documents forming part of the Contract.

If an ambiguity or discrepancy is found in the documents, the Purchaser shall

issue any necessary clarification or instruction.

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1.6 Contract Agreement

1.6.1 The Parties shall enter into a Contract Agreement within 28 days after the

Supplier receives the Letter of Acceptance, unless the Particular Conditions

establish otherwise. The Contract Agreement shall be based upon the form

furnished in Section IX, Contract Forms. The costs of stamp duties and

similar charges (if any) imposed by law in connection with entry into the

Contract Agreement shall be borne by the Purchaser.

1.7 Assignment

1.7.1 Neither Party shall assign the whole or any part of the Contract or any

benefit or interest in or under the Contract. However, either Party:

(a) may assign the whole or any part with the prior agreement of the other Party,

at the sole discretion of such other Party, and

(b) may, as security in favour of a bank or financial institution, assign its right to

any moneys due, or to become due, under the Contract.

1.8 Copyright

1.8.1 The copyright in all drawings, documents, and other materials containing

data and information furnished to the Purchaser by the Supplier herein shall

remain vested in the Supplier, or, if they are furnished to the Purchaser

directly or through the Supplier by any third Party, including suppliers of

materials, the copyright in such materials shall remain vested in such third

Party.

1.9 Supplier’s Use of Purchaser’s Documents

1.9.1 As between the Parties, the Purchaser shall retain the copyright and other

intellectual property rights in the Specification, the Drawings and other

documents made by (or on behalf of) the Purchaser. The Supplier may, at his

cost, copy, use, and obtain communication of these documents for the

purposes of the Contract. They shall not, without the Purchaser’s consent, be

copied, used or communicated to a third party by the Supplier, except as

necessary for the purposes of the Contract.

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1.10 Confidential Details

1.10.1 The Supplier’s and the Purchaser’s Personnel shall disclose all such

confidential and other information as may be reasonably required in order to

verify the Supplier’s compliance with the Contract and allow its proper

implementation.

Each of them shall treat the details of the Contract as private and

confidential, except to the extent necessary to carry out their respective

obligations under the Contract or to comply with applicable Laws. Each of

them shall not publish or disclose any particulars of the Goods, prepared by

the other Party without the previous agreement of the other Party. However,

the Supplier shall be permitted to disclose any publicly available information,

or information otherwise required to establish his qualifications to compete

for other projects.

1.10.2 Notwithstanding the above, the Supplier may furnish to its Subcontractor(s)

such documents, data and other information it receives from the Purchaser to

the extent required for the Subcontractor(s) to perform its work under the

Contract, in which event the Contractor shall obtain from such

Subcontractor(s) an undertaking of confidentiality similar to that imposed on

the Contractor under this Clause.

1.11 Compliance with Laws

1.11.1 The Supplier shall, in performing the Contract, comply with applicable Laws.

1.11.2 Unless otherwise stated in the Particular Conditions:

(a) the Purchaser shall acquire and pay for all permits, approvals and/or licenses

from all local, state or national government authorities or public service

undertakings in the Purchaser’s Country, which (i) such authorities or

undertakings require the Purchaser to obtain in the Purchaser’s name, and (ii)

are necessary for the execution of the Contract, including those required for

the performance by both the Supplier and the Purchaser of their respective

obligations under the Contract;

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3-90 Section VII. General Conditions of Contract

(b) the Supplier shall acquire and pay for all permits, approvals and/or licenses

from all local, state or national government authorities or public service

undertakings in the Purchaser’s Country, which such authorities or

undertakings require the Supplier to obtain in its name and which are

necessary for the performance of the Contract, including, without limitation,

visas for the Supplier’s and Subcontractor’s personnel and entry permits for

all imported Supplier’s Equipment. The Supplier shall acquire all other

permits, approvals and/or licenses that are not the responsibility of the

Purchaser under GC Clause 1.11.2(a) hereof and that are necessary for the

performance of the Contract. The Supplier shall indemnify and hold harmless

the Purchaser from and against any and all liabilities, damages, claims, fines,

penalties and expenses of whatever nature arising or resulting from the

violation of such laws by the Supplier or its personnel, including the

Subcontractors and their personnel, but without prejudice to GC Clause

1.11.1 hereof.

1.12 Joint and Several Liability

1.12.1 If the Supplier is a joint venture, consortium, or association (JVCA) of two or

more persons, all such persons shall be jointly and severally bound to the

Purchaser for the fulfilment of the provisions of the Contract, unless

otherwise specified in the PC, and shall designate one of such persons to act

as a leader with authority to bind the JVCA. The composition or the

constitution of the JVCA shall not be altered without the prior consent of the

Purchaser.

1.13 Inspections and Audit by the Partner

1.13.1 The Supplier shall permit the Partner and/or persons appointed by the Partner

to inspect the Site and/or the Supplier’s accounts and records relating to the

performance of the Contract and to have such accounts and records audited

by auditors appointed by the Partner if required by the Partner.

1.13.2 The Supplier shall maintain all documents and records related to the Contract

for a period of three (3) years after delivery of the Goods. The Supplier shall

provide any documents necessary for the investigation of allegations of fraud,

collusion, coercion, or corruption and require its employees or agents with

knowledge of the Contract to respond to questions from the Partner.

2. Contract Documents

2.1 Subject to the order of precedence set forth in the Contract Agreement, all

documents forming the Contract (and all parts thereof) are intended to be

correlative, complementary, and mutually explanatory. The Contract

Agreement shall be read as a whole.

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Section VII. General Conditions of Contract 3-91

3. Fraud and Corruption

3.1 It is the Partner’s policy to require that Borrowers (including beneficiaries of

Partner Financing), bidders, suppliers, contractors and their agents (whether

declared or not), sub-contractors, sub-consultants, service providers or

suppliers, and any personnel thereof, observe the highest standard of ethics

during the procurement and execution of Partner-financed contracts12. In

pursuance of this policy, the Partner:

(a) defines, for the purposes of this provision, the terms set forth below as

follows:

(i) “Corrupt Practice” is the offering, giving, receiving, or soliciting,

directly or indirectly, of anything of value to influence improperly the

actions of another party13;

(ii) “Fraudulent Practice” is any act or omission, including a

misrepresentation that knowingly or recklessly misleads, or attempts

to mislead, a party14 to obtain financial or other benefit or to avoid an

obligation;

(iii) “Collusive Practice” is an arrangement between two or more parties15,

designed to achieve an improper purpose, including to influence

improperly the actions of another party; and

(iv) “Coercive Practice” is impairing or harming, or threatening to impair

or harm, directly or indirectly, any party or the property of the party

to influence improperly the actions of a party16;

(v) “obstructive practice” is

(v.1) deliberately destroying, falsifying, altering, or concealing of

evidence material to the investigation or making false statements to

investigators in order to materially impede a Partner investigation

into allegations of a corrupt, fraudulent, coercive or collusive

practice; and/or threatening, harassing or intimidating any party to

prevent it from disclosing its knowledge of matters relevant to the

investigation or from pursuing the investigation, or

(v.2) acts intended to materially impede the exercise of the Partner’s

inspection and audit rights provided for under clause 1.13

[Inspections and Audits by the Partner].

12 In this context, any action to influence the procurement process or contract execution for undue advantage is

improper. 13 For the purpose of this sub-paragraph, “another party” refers to a public official acting in relation to the

procurement process or contract execution. In this context, “public official” includes Partner staff and

employees of other organizations taking or reviewing procurement decisions. 14 For the purpose of this sub-paragraph, “party” refers to a public official; the terms “benefit” and

“obligation” relate to the procurement process or contract execution; and the “act or omission” is intended to

influence the procurement process or contract execution. 15 For the purpose of this sub-paragraph, “parties” refers to participants in the procurement process (including

public officials) attempting either themselves, or through another person or entity not participating in the

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(b) will reject a proposal for award if it determines that the bidder

recommended for award, or any of its personnel, or its agents, or its sub-

consultants, sub-contractors, service providers, suppliers and/or their

employees, has, directly or indirectly, engaged in Corrupt, Fraudulent,

Collusive, Coercive or Obstructive Practices in competing for the contract in

question;

(c) will declare misprocurement and cancel the portion of the Financing

allocated to a contract if it determines at any time that representatives of the

Borrower or of a recipient of any part of the proceeds of such Financing

engaged in corrupt, fraudulent, collusive, coercive or obstructive practices

during the procurement or the implementation of the contract in question,

without the Borrower having taken timely and appropriate action satisfactory

to the Partner to address such practices when they occur, including by

failing to inform the Partner in a timely manner at the time they knew of the

practices;

(d) will sanction a firm or individual, at any time, in accordance with the

prevailing Partner’s sanctions procedures17, including by publicly declaring

such firm or individual ineligible either indefinitely or for a stated period of

time, (i) to be awarded a Partner-financed contracts, and (ii) to be a

nominated18 sub-contractor, consultant, supplier, or service provider of an

otherwise eligible firm being awarded a Partner-financed contract; and

procurement or selection process, to simulate competition or to establish bid prices at artificial, non-

competitive levels, or are privy to each other’s bid prices or other conditions. 16 For the purpose of this sub-paragraph, “party” refers to a participant in the procurement process or contract

execution. 17 A firm or an individual may be declared ineligible to be awarded a Partner financed contract: (i) upon

completion of the Partner’s sanctions proceedings as per its sanctions procedures, including, inter alia, cross-

debarment as agreed with other International Financial Institutions, including Multilateral Development

Partners, or otherwise decided by the Partner; and through the application of the Proposal for the

Implementation of a Sanctions Process; and (ii) as a result of temporary suspension or early temporary

suspension in connection with an on-going sanction proceeding. See footnote 18 and paragraph 9 of Appendix

1 of the Rules and Procedures for Procurement of Goods and Works. 18 A nominated sub-contractor, consultant, manufacturer or supplier, or service provider (different names are

used depending on the particular bidding documents) is one which has either been: (i) included by the bidder in

its pre-qualification application or bid because it brings specific and critical experience and know-how that

allow the bidder to meet the qualification requirement for the particular bid; or (ii) appointed by the

Borrower.”

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Section VII. General Conditions of Contract 3-93

will require that a clause be included in bidding documents and in contracts

financed by the Partner, requiring bidders, suppliers and contractors, and

their sub-contractors, agents, personnel, consultants, service providers, or

suppliers, to permit the Partner to inspect all accounts and records and other

documents relating to the submission of bids and contract performance and to

have them audited by auditors appointed by the Partner.

4. Eligibility

4.1 The Supplier and its Subcontractors shall have the nationality of an Eligible

Country, as defined by the Partner’s Rules and Procedures for Procurement

of Goods and Works, and as listed in Section V, Eligible Countries. A

Supplier or Subcontractor shall be deemed to have the nationality of a

country if it is a citizen or constituted, incorporated, or registered, and

operates in conformity with the provisions of the laws of that country.

4.2 All Goods and Related Services to be supplied under the Contract and

financed by the Partner shall have their origin in Eligible Countries. For the

purpose of this Clause, origin means the country where the Goods have been

grown, mined, cultivated, produced, manufactured, or processed; or through

manufacture, processing, or assembly, another commercially recognized

article results that differs substantially in its basic characteristics from its

components. Eligibility is defined in the Partner’s Rules and Procedures for

Procurement of Goods and Works.

5. Notices

5.1 Any notice given by one Party to the other pursuant to the Contract shall be

in writing to the address specified in the PC. The term “in writing” means

communicated in written form with proof of receipt.

5.2 A notice shall be effective when delivered or on the notice’s effective date,

whichever is later.

6. Settlement of Disputes

6.1 The Purchaser and the Supplier shall make every effort to resolve amicably

by direct informal negotiation any dispute arising between them under or in

connection with the Contract.

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3-94 Section VII. General Conditions of Contract

6.2 If, after twenty-eight (28) days from the commencement of such consultation,

the Parties have failed to resolve their dispute by such mutual consultation,

then either Party may give notice to the other Party of its intention to

commence arbitration, as hereinafter provided, as to the matter in dispute,

and no arbitration in respect of this matter may be commenced unless such

notice is given. Any dispute in respect of which a notice of intention to

commence arbitration has been given in accordance with this Clause shall be

finally settled by arbitration. Arbitration proceedings shall be conducted in

accordance with the rules of procedure specified in the PC.

6.3 Notwithstanding any reference to arbitration herein,

(a) the Parties shall continue to perform their respective obligations

under the Contract unless they otherwise agree; and

(b) the Purchaser shall pay the Supplier any monies due the Supplier.

7. Scope of Supply

7.1 The Goods and Related Services to be supplied shall be as specified in

Section VI, Requirements.

8. Delivery

8.1 Subject to GC Clause 27.1, the Delivery of the Goods and Completion of the

Related Services shall be in accordance with the Delivery and Completion

Schedule specified in Section VI, Requirements. The shipping and other

documents to be furnished by the Supplier are specified in the PC. The

documents specified therein shall be received by the Purchaser before arrival

of the Goods and, if not received, the Supplier shall be responsible for any

consequent expenses.

9. Supplier’s Responsibilities

9.1 The Supplier shall supply all the Goods and Related Services included in the

Scope of Supply in accordance with GC Clause 7, and the Delivery and

Completion Schedule, as per GC Clause 8.

10. Contract Price

10.1 The Contract price shall guide the unit prices affixed to the items throughout

the duration of Contract performance. The final costs of the services provided

shall be determined by the actual expenses incurred from the eventual

number of goods and related services (students and lecturers) under the

contract.

11. Terms of Payment

11.1 The Contract Price shall be paid as specified in the PC.

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11.2 The Supplier’s request for payment shall be made to the Purchaser in writing,

accompanied by invoices describing, as appropriate, the Goods delivered and

Related Services performed, and by the documents submitted pursuant to GC

Clause 8 and upon fulfilment of all other obligations stipulated in the

Contract.

11.3 Payments shall be made promptly by the Purchaser, no later than sixty (60)

days after submission of an invoice or request for payment by the Supplier,

and after the Purchaser has accepted it.

11.4 The currencies in which payments shall be made to the Supplier under this

Contract shall be those in which the Bid price is expressed.

11.5 In the event that the Purchaser fails to pay the Supplier any payment by its

due date, or within the period set forth in the PC, the Purchaser shall pay to

the Supplier interest on the amount of such delayed payment, at the rate

shown in the PC, for the period of delay, until payment has been made in

full, whether before or after judgment, or arbitration award.

12. Taxes and Duties

12.1 For Goods manufactured outside the Purchaser’s country the Supplier shall

be entirely responsible for all taxes, stamp duties, license fees, and other such

levies imposed outside the Purchaser’s country.

12.2 For Goods manufactured within the Purchaser’s country the Supplier shall be

entirely responsible for all taxes, duties, license fees, etc., incurred until

delivery of the contracted Goods to the Purchaser.

12.3 If any tax exemptions, reductions, allowances or privileges may be available

to the Supplier in the Purchaser’s Country, the Purchaser shall use its best

efforts to enable the Supplier to benefit from any such tax savings to the

maximum allowable extent.

13. Performance Security

13.1 If so required in the PC, the Supplier shall, within twenty-eight (28) days of

the notification of contract award, provide a performance security for the

performance of the Contract in the amount specified in the PC if so

determined by the purchaser.

13.2 If so required, pursuant to GC Clause 13.1, the performance security shall be

denominated in the currency of the Contract, or in a freely convertible

currency acceptable to the Purchaser, and shall be in one of the forms

stipulated by the Purchaser in the Section IX, Contract Forms, or in another

form acceptable to the Purchaser.

13.3 The proceeds of the performance security shall be payable to the Purchaser as

compensation for any loss resulting from the Supplier’s failure to complete its

obligations under the Contract.

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13.4 The performance security shall be discharged by the Purchaser and returned

to the Supplier not later than twenty-eight (28) days following the date of

completion of the Supplier’s performance obligations under the Contract,

including any warranty obligations, unless specified otherwise in the PC.

14. Subcontracting

14.1 The Supplier shall notify the Purchaser in writing of all subcontracts awarded

under the Contract if not already specified in the bid. Such notification, in the

original Bid or later shall not relieve the Supplier from any of its obligations,

duties, responsibilities, or liability under the Contract.

14.2 Subcontracts shall comply with the provisions of GC Clauses 3 and 4.

15. Specifications and Standards

15.1 The Supplier shall ensure that the Goods and Related Services comply with

technical requirements, as specified in Section VI, Requirements.

15.2 The Supplier shall be entitled to disclaim responsibility for any design, data,

drawing, specification or other document, or any modification thereof

provided or designed by or on behalf of the Purchaser, by giving a notice of

such disclaimer to the Purchaser

Codes, Standards and Drawings

15.3 Wherever references are made in the Contract to codes and standards, in

accordance with which it shall be executed, the addition or the revised version

of such codes and standards shall be those specified in Section VI,

Requirements. During Contract execution, any changes in any such codes and

standards shall be applied only after approval by the Purchaser and shall be

treated in accordance with GC Clause 26.

16. Packing and Documents

16.1 The Supplier shall provide such packing of the Goods as is required to

prevent their damage or deterioration during transit to their final destination,

as indicated in the Contract. During transit, the packing shall be sufficient to

withstand, without limitation, rough handling and exposure to extreme

temperatures, salt and precipitation, and open storage. Packing case size and

weights shall take into consideration, where appropriate, the remoteness of

the Goods’ final destination and the absence of heavy handling facilities at all

points in transit.

16.2 The packing, marking, and documentation within and outside the packages

shall comply strictly with such special requirements as shall be expressly

provided for in the Contract, including additional requirements, if any,

specified in the PC, and in any other instructions ordered by the Purchaser.

17. Insurance

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17.1 Unless otherwise specified in the PC, the Goods supplied under the Contract

shall be fully insured, in a freely convertible currency from an eligible

country, against loss or damage incidental to manufacture or acquisition,

transportation, storage, and delivery, in accordance with the applicable

Incoterms or in the manner specified in the PC.

18. Transportation

18.1 Unless otherwise specified in the PC, responsibility for arranging

transportation of the Goods shall be in accordance with the specified

Incoterms.

19. Inspections and Tests

19.1 The Supplier shall at its own expense and at no cost to the Purchaser carry

out all such tests and/or inspections of the Goods and Related Services as are

specified in the PC.

19.2 The inspections and tests may be conducted on the premises of the Supplier

or its Subcontractor, at point of delivery, and/or at the Goods’ final

destination, or in another place in the Purchaser’s country as specified in the

PC. Subject to GC Clause 19.3, if conducted on the premises of the Supplier

or its Subcontractor, all reasonable facilities and assistance, including access

to drawings and production data, shall be furnished to the inspectors at no

charge to the Purchaser.

19.3 The Purchaser or its designated representative shall be entitled to attend the

tests and/or inspections referred to in GC Clause 19.2, provided that the

Purchaser bear all of its own costs and expenses incurred in connection with

such attendance including, but not limited to, all travelling and board and

lodging expenses.

19.4 Whenever the Supplier is ready to carry out any such test and inspection, it

shall give a reasonable advance notice, including the place and time, to the

Purchaser. The Supplier shall obtain from any relevant third Party or

manufacturer any necessary permission or consent to enable the Purchaser or

its designated representative to attend the test and/or inspection.

19.5 The Purchaser may require the Supplier to carry out any test and/or

inspection not required by the Contract but deemed necessary to verify that

the characteristics and performance of the Goods comply with the technical

specifications codes and standards under the Contract, provided that the

Supplier’s reasonable costs and expenses incurred in the carrying out of such

test and/or inspection shall be added to the Contract Price. Further, if such

test and/or inspection impede the progress of manufacturing and/or the

Supplier’s performance of its other obligations under the Contract, due

allowance will be made in respect of the Delivery Dates and Completion

Dates and the other obligations so affected.

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19.6 The Supplier shall provide the Purchaser with a report of the results of any

such test and/or inspection.

19.7 The Purchaser may reject any Goods or any part thereof that fail to pass any

test and/or inspection or do not conform to the specifications. The Supplier

shall either rectify or replace such rejected Goods or parts thereof or make

alterations necessary to meet the specifications at no cost to the Purchaser,

and shall repeat the test and/or inspection, at no cost to the Purchaser, upon

giving a notice pursuant to GC Clause 19.4.

19.8 The Supplier agrees that neither the execution of a test and/or inspection of

the Goods or any part thereof, nor the attendance by the Purchaser or its

representative, nor the issue of any report pursuant to GC Clause 19.6, shall

release the Supplier from any warranties or other obligations under the

Contract.

20. Liquidated Damages

20.1 Except as provided under GC Clause 19, if the Supplier fails to deliver any

or all of the Goods, by the date(s) of delivery, or perform the Related

Services within the period specified in the Contract, the Purchaser may

without prejudice to all its other remedies under the Contract, deduct from

the Contract Price, as liquidated damages, a sum equivalent to the percentage

specified in the PC of the Contract Price for each week or part thereof of

delay until actual delivery or performance, up to a maximum deduction of the

percentage specified in the PC. Once the maximum is reached, the Purchaser

may terminate the Contract pursuant to GC Clause 28.

21. Warranty

21.1 The Supplier warrants that all the Goods are new, unused, and of the most

recent or current models, and that they incorporate all recent improvements

in design and materials, unless provided otherwise in the Contract.

21.2 Subject to GC Clause 15.2, the Supplier further warrants that the Goods shall

be free from defects arising from any act or omission of the Supplier or

arising from design, materials, and workmanship, under normal use in the

conditions prevailing in the country of final destination.

21.3 Unless otherwise specified in the PC, the warranty shall remain valid for

twelve (12) months after the Goods, or any portion thereof as the case may

be, have been delivered to and accepted at the final destination indicated in

the PC, or for eighteen (18) months after the date of shipment, from the port,

or place of loading in the country of origin, whichever period concludes

earlier.

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Section VII. General Conditions of Contract 3-99

21.4 The Purchaser shall give notice to the Supplier stating the nature of any such

defects together with all available evidence thereof, promptly following the

discovery thereof. The Purchaser shall afford all reasonable opportunity for

the Supplier to inspect such defects.

21.5 Upon receipt of such notice, the Supplier shall, within the period specified in

the PC, expeditiously repair or replace the defective Goods or parts thereof,

at no cost to the Purchaser.

21.6 If having been notified, the Supplier fails to remedy the defect within the

period specified in the PC, the Purchaser may proceed to take within a

reasonable period such remedial action as may be necessary, at the Supplier’s

risk and expense and without prejudice to any other rights which the

Purchaser may have against the Supplier under the Contract.

22. Patent Indemnity

22.1 The Supplier shall, subject to the Purchaser’s compliance with GC Clause 22.2,

indemnify and hold harmless the Purchaser and its employees and officers from

and against any and all suits, actions or administrative proceedings, claims,

demands, losses, damages, costs, and expenses of any nature, including

attorney’s fees and expenses, which the Purchaser may suffer as a result of any

infringement or alleged infringement of any patent, utility model, registered

design, trademark, copyright, or other intellectual property right registered or

otherwise existing at the date of the Contract by reason of:

(a) the installation of the Goods by the Supplier or the use of the Goods

in the country where the Site is located; and

(b) the sale in any country of the products produced by the Goods.

Such indemnity shall not cover any use of the Goods or any part thereof other

than for the purpose indicated by or to be reasonably inferred from the

Contract, neither any infringement resulting from the use of the Goods or any

part thereof, or any products produced thereby in association or combination

with any other equipment, plant, or materials not supplied by the Supplier,

pursuant to the Contract.

22.2 If any proceedings are brought or any claim is made against the Purchaser

arising out of the matters referred to in GC Clause 22.1, the Purchaser shall

promptly give the Supplier a notice thereof, and the Supplier may at its own

expense and in the Purchaser’s name conduct such proceedings or claim and

any negotiations for the settlement of any such proceedings or claim.

22.3 If the Supplier fails to notify the Purchaser within twenty-eight (28) days

after receipt of such notice that it intends to conduct any such proceedings or

claim, then the Purchaser shall be free to conduct the same on its own behalf.

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3-100 Section VII. General Conditions of Contract

22.4 The Purchaser shall, at the Supplier’s request, afford all available assistance

to the Supplier in conducting such proceedings or claim, and shall be

reimbursed by the Supplier for all reasonable expenses incurred in so doing.

22.5 The Purchaser shall indemnify and hold harmless the Supplier and its

employees, officers, and Subcontractors from and against any and all suits,

actions or administrative proceedings, claims, demands, losses, damages,

costs, and expenses of any nature, including attorney’s fees and expenses,

which the Supplier may suffer as a result of any infringement or alleged

infringement of any patent, utility model, registered design, trademark,

copyright, or other intellectual property right registered or otherwise existing

at the date of the Contract arising out of or in connection with any design,

data, drawing, specification, or other documents or materials provided or

designed by or on behalf of the Purchaser.

23. Limitation of Liability

23.1 Except in cases of gross negligence or wilful misconduct:

(a) the Supplier shall not be liable to the Purchaser, whether in contract,

tort, or otherwise, for any indirect or consequential loss or damage,

loss of use, loss of production, or loss of profits or interest costs,

provided that this exclusion shall not apply to any obligation of the

Supplier to pay liquidated damages to the Purchaser; and

(b) the aggregate liability of the Supplier to the Purchaser, whether

under the Contract, in tort, or otherwise, shall not exceed the

Contract Price, provided that this limitation shall not apply to the

cost of repairing or replacing defective equipment, or to any

obligation of the Supplier to indemnify the Purchaser with respect to

patent infringement.

24. Change in Laws and Regulations

24.1 If, within less than twenty-eight (28) days prior to the date of Bid

Submission, any law, regulation, ordinance, order or bylaw having the force

of law is enacted, promulgated, abrogated, or changed in the place of the

Purchaser’s country where the Site is located (which shall be deemed to

include any change in interpretation or application by the competent

authorities) that subsequently affects the Delivery Date and/or the Contract

Price, then such Delivery Date and/or Contract Price shall be correspondingly

increased or decreased, to the extent that the Supplier has thereby been

affected in the performance of any of its obligations under the Contract.

Notwithstanding the foregoing, such additional or reduced cost shall not be

separately paid or credited if the same has already been accounted for in the

price adjustment provisions where applicable, in accordance with GC Clause

10.

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Section VII. General Conditions of Contract 3-101

25. Force Majeure

25.1 The Supplier shall not be liable for forfeiture of its performance security,

liquidated damages, or termination for default if and to the extent that its

delay in performance or other failure to perform its obligations under the

Contract is the result of an event of Force Majeure.

25.2 For purposes of this Clause, “Force Majeure” means an event or situation

beyond the control of the Supplier that is not foreseeable, is unavoidable, and

its origin is not due to negligence or lack of care on the part of the Supplier.

Such events may include, but not be limited to, acts of the Purchaser in its

sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine

restrictions, and freight embargoes.

25.3 If a Force Majeure situation arises, the Supplier shall promptly notify the

Purchaser in writing of such condition and the cause thereof. Unless

otherwise directed by the Purchaser in writing, the Supplier shall continue to

perform its obligations under the Contract as far as is reasonably practical,

and shall seek all reasonable alternative means for performance not prevented

by the Force Majeure event.

26 Change Orders and Contract Amendments

26.1 The Purchaser may at any time order the Supplier through notice in

accordance GC Clause 5, to make changes within the general scope of the

Contract in any one or more of the following:

(a) drawings, designs, or specifications, where Goods to be furnished

under the Contract are to be specifically manufactured for the

Purchaser;

(b) the method of shipment or packing;

(c) the place of delivery; and

(d) the Related Services to be provided by the Supplier.

26.2 If any such change causes an increase or decrease in the cost of, or the time

required for, the Supplier’s performance of any provisions under the

Contract, an equitable adjustment shall be made in the Contract Price or in

the Delivery/Completion Schedule, or both, and the Contract shall

accordingly be amended. Any claims by the Supplier for adjustment under

this Clause must be asserted within twenty-eight (28) days from the date of

the Supplier’s receipt of the Purchaser’s change order.

26.3 Prices to be charged by the Supplier for any Related Services that might be

needed but which were not included in the Contract shall be agreed upon in

advance by the Parties and shall not exceed the prevailing rates charged to

other Parties by the Supplier for similar services.

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3-102 Section VII. General Conditions of Contract

26.4 Subject to the above, no variation in, or modification of, the terms of the

Contract shall be made except by written agreement signed by the Parties.

27 Extensions of Time

27.1 If at any time during performance of the Contract, the Supplier or its

subcontractors should encounter conditions impeding timely delivery of the

Goods or completion of Related Services pursuant to GC Clause 8, the

Supplier shall promptly notify the Purchaser in writing of the delay, its likely

duration, and its cause. As soon as practicable after receipt of the Supplier’s

notice, the Purchaser shall evaluate the situation and may at its discretion

extend the Supplier’s time for performance, in which case the extension shall

be ratified by the Parties by amendment of the Contract.

27.2 Except in case of Force Majeure, as provided under GC Clause 25, a delay

by the Supplier in the performance of its Delivery and Completion

obligations shall render the Supplier liable to the imposition of liquidated

damages pursuant to GC Clause 20, unless an extension of time is agreed

upon, pursuant to GC Clause 27.1.

28. Termination

Termination for Default

28.1 The Purchaser, without prejudice to any other remedy for breach of

Contract, by written notice of default sent to the Supplier, may terminate the

Contract in whole or in part:

(i) if the Supplier fails to deliver any or all of the Goods

within the period specified in the Contract, or within any

extension thereof granted by the Purchaser pursuant to GC

Clause 27;

(ii) if the Supplier fails to perform any other obligation under

the Contract; or

(iii) if the Supplier, in the judgment of the Purchaser, has

engaged in fraud and corruption, as defined in GC Clause

3, in competing for, or in executing the Contract.

28.2 In the event the Purchaser terminates the Contract in whole or in part,

pursuant to GC Clause 28.1, the Purchaser may procure, upon such terms

and in such manner as it deems appropriate, Goods or Related Services

similar to those undelivered or not performed, and the Supplier shall be

liable to the Purchaser for any additional costs for such similar Goods or

Related Services. However, the Supplier shall continue performance of the

Contract to the extent not terminated.

Termination for Insolvency

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Section VII. General Conditions of Contract 3-103

28.3 The Purchaser may at any time terminate the Contract by giving notice to the

Supplier if the Supplier becomes bankrupt or otherwise insolvent. In such

event, termination will be without compensation to the Supplier, provided

that such termination will not prejudice or affect any right of action or

remedy that has accrued or will accrue thereafter to the Purchaser.

Termination for Convenience

28.4 (a) The Purchaser, by notice sent to the Supplier, may terminate the

Contract, in whole or in part, at any time for its convenience. The

notice of termination shall specify that termination is for the

Purchaser’s convenience, the extent to which performance of the

Supplier under the Contract is terminated, and the date upon which

such termination becomes effective.

28.5 (b) The Goods that are complete and ready for shipment within twenty-

eight (28) days after the Supplier’s receipt of notice of termination

shall be accepted by the Purchaser at the Contract terms and prices.

For the remaining Goods, the Purchaser may elect:

(i) to have any portion completed and delivered at the

Contract terms and prices; and/or

(ii) to cancel the remainder and pay to the Supplier an agreed

amount for partially completed Goods and Related Services

and for materials and parts previously procured by the

Supplier.

29. Export Restrictions

29.1 Notwithstanding any obligation under the Contract to complete all export

formalities, any export restrictions attributable to the Purchaser, to the

country of the Purchaser, or to the use of the goods or services to be supplied,

which arise from trade regulations from a country supplying those goods, or

services, and which substantially impede the Supplier from meeting its

obligations under the Contract, shall release the Supplier from the obligation

to provide deliveries or services, always provided, however, that the Supplier

can demonstrate to the satisfactions of the Purchaser and of the Partner that it

has completed all formalities in a timely manner, including applying for

permits, authorizations, and licenses necessary for the delivery of the goods

or services under the terms of the Contract.

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Section IX. Contract Forms 3-105

Section VIII. Particular Conditions

GC 1.1.2.2 The Purchaser is: African Economic Research Consortium, MEBANK

Towers, 3rd Floor, Jakaya Kikwete Road, P.O. Box 62882-00200 Nairobi,

Kenya

GC 1.1.2.5 The Partners are: Various

GC 1.1.2.6 The Borrower is: African Economic Research Consortium

GC 1.1.6.1 The Purchaser’s Country is: Kenya

GC 1.1.6.5 The Project Site is: Hosting of the CMAAE Shared Facility for Specialization

and Electives to be at the Academic Facility at the Service Provider’s Country

of the Service.

GC 1.2.3 (b) The version of Incoterms shall be: N/A

GC 1.3 .1(a) The Electronic Transmission System is: N/A

GC 1.3.1(b) The Purchaser’s address for the purpose of communications is: The

Director of Training, African Economic Research Consortium, MEBANK

Towers, 3rd Floor, Jakaya Kikwete Road. P. O. Box 62882-00200 Nairobi,

Kenya. Tel: (+254-20)2734150/7; +254722205272; 254733333298 FAX (+254-

20)2734170. [email protected] c.c. [email protected]

The Supplier’s address for the purpose of communications is: [State full

address, telephone, fax and e-mail]

GC 1.4.1 The governing law is that of: Kenya

The ruling language is: English.

The language for communications is: [Name of language for

communications only if different from the ruling language].

GC 1.6.1 Deadline for entering into a Contract, after Supplier receives Letter of

Acceptance: 28 days

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3-106 Section IX. Contract Forms

GC 1.11.2(a) Permits and Permissions to be obtained by the Purchaser:

• Visas and students’ permits for SFSE participants

GC 1.11.2(b) Notices, Taxes, Duties, Permits, Licenses, Approvals to be given and/or

obtained by the Supplier: [itemise elements in question] None

GC 1.12.1 The individuals or firms in a joint venture, consortium or association shall

be jointly and severally liable.

GC 5.1 For notices, the Purchaser’s address shall be: Director of Training, African

Economic Research Consortium

Street Address: MEBANK Towers, Jakaya Kikwete Road, P.O. Box 62882

Floor/Room number: 3rd and 4th Floors

City: Nairobi

ZIP Code: 00200

Country: Kenya

Telephone: (+254-20)2734150/7; +254722205272; 254733333298

Facsimile number: (+254-20)2734170

Electronic mail address: [email protected]

The Supplier’s address for the purpose of notices shall be: [State full

address, telephone, fax and electronic post]

GC 6.2 The rules of procedure for arbitration shall be as follows:

i) Any dispute, difference or question which may arise at any time between the

AERC and the Service Provider touching upon the construction of the Service

Contract or on the rights and liabilities of the Parties with respect thereto,

which cannot be amicably settled between the Parties, shall be referred to the

decision of a single arbitrator to be agreed upon between the Parties or in

default of agreement within fourteen (14) days to be appointed at the request

of any Party by the Chairman for the time being of the Kenya Branch of the

Chartered Institute of Arbitrators or the Vice Chairman if the Chairman is

unable or disqualified to act for any reason.

ii) Such arbitration shall be conducted in Nairobi, in accordance with and

subject to the provisions of the Arbitration Act 1995 or any statutory

modification or re-enactment thereof for the time in force.

iii) The decisions of the Arbitrator shall be final and binding upon the Parties to

the fullest extent permissible by law.

iv) The designated Appointing Authority for a new Adjudicator is the Kenya

Branch of the Chartered Institute of Arbitrators.

GC 8.1 The shipping and other documents to be furnished by the Supplier are: N/A.

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Section IX. Contract Forms 3-107

GC 10.1 Price adjustments shall apply.

If any price adjustment applies, the following method shall be used to

calculate the price adjustment: [see attachment to PC for the Price

Adjustment Formula (Sample)].

GC 11.1 The Terms of Payment shall be:

• Advance payment for Mobilization, Materials and Supplies: 75per cent of

the Contract Price shall be paid on the commencement date and upon receipt

of an invoice for the same from the Supplier.

• A final payment against an invoice/request raised by the Supplier, subject to

verification and certification by the AERC, that the Services have been

rendered satisfactorily, pursuant to the agreed performance indicators

including but not limited to the actual/final numbers of lecturers and students

that will be serviced by the supplier.

• The final invoice/request submitted to AERC by the Supplier shall be

supported by acknowledgement of services or facilities by AERC in form of

charge sheets or some other documents duly signed by AERC Representative

and a designated person of the Supplier. Should the certification not be

provided, or refused in writing by the AERC within 30 days of the date of the

milestone, or of the date of receipt of the corresponding invoice/request, the

certification will be deemed to have been provided, and AERC will be

obligated to settle the invoice.

• The amortization of the Advance payment mentioned above shall commence

when the progress payments have reached 60% of the contract price.

• Payment shall be made within 30 days of receipt of the financial

report/invoice and the relevant documents specified above, and within 30

days in the case of the final payment.

GC 13.1 A Performance Security shall be required.

If a Performance Security is required, the amount shall be: $50,000.

GC 13.2 If so required, the Performance Security shall be denominated in: United

States Dollars (US$).

If so required, the Performance Security shall be in another form such as: N/A

GC 13.4 Discharge of Performance Security shall take place not later than 28 days

following the completion of the Supplier’s performance obligations.

GC 16.2 The Packing, Marking and Documentation within and outside the

packages shall be: N/A

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3-108 Section IX. Contract Forms

GC 17.1

The Insurance Coverage [insert “shall be” or “shall not be”] in

accordance with the specified Incoterms. N/A

If not in accordance with the specified Incoterms, Insurance Coverage shall be as follows: [define the alternative form in which the Purchaser will accept the insurance coverage].

GC 18.1 Responsibility for Arranging Transportation of the Goods [insert “shall”

or “shall not”] be as specified in the Incoterms. N/A

If not in accordance with the specified Incoterms, Responsibility for

Transportation shall be as follows: [provide detailed arrangements about

the responsibilities for transportation].

GC 19.1 The Inspections and Tests required to be carried out shall be: [insert a

detailed description of relevant inspections and tests]. N/A

GC 19.2 The Inspections and Tests shall be conducted at: [indicate precise address

at which inspections and tests shall be conducted]. N/A

GC 20.1

The Liquidated Damages shall be: [insert figure] ______ % per week. N/A

The Maximum Percentage of Liquidated Damages shall be: [insert

figure] _____ % N/A

GC 21.3 The Period of Validity of the Warranty shall be: [insert figure] months. N/A

For the purposes of the Warranty, the Place(s) of Final Destination(s)

shall be: [indicate final destination(s), as applicable].

GC 21.5 The Period within which the Supplier shall Repair or Replace defective

goods shall be: [insert figure] days. N/A

GC 21.6 The Deadline after which the Purchaser may take remedial action if the

Supplier fails to remedy the notified defects shall be: [insert figure] days. N/A

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Section IX. Contract Forms 3-109

Section IX. Contract Forms

Introduction

This Section contains Contract Forms which, once completed, will constitute part of the

Contract. The forms for Contract Agreement, Performance Security and Advance Payment

Security, when required, shall only be completed by the successful Bidder, after contract

award.

Table of Forms

Letter of Acceptance 110

Contract Agreement 111

Performance Security 113

Advance Payment Security 114

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3-110 Section IX. Contract Forms

Letter of Acceptance

[on letterhead paper of the Purchaser]

. . . . . . . [date]. . . . . . .

To: [name and address of the Supplier] . . . . . . . . . .

Subject: [Notification of Award Contract No]. . . . . . . . . . .

This is to notify you that your Bid dated . . . . [Insert date]. . . . for execution of the . . . . . .

. . . .[insert name of the contract and identification number] . . . . . . . . . . for the amount

of . . . . . . . . [insert amount (s) in figures and words and name(s) of currency(ies)], as

corrected and modified in accordance with the Instructions to Bidders is hereby accepted

by us.

You are requested to furnish the Performance Security in the amount of [insert amount

(s) in figures and words and name(s) of currency(ies)]within 28 days in accordance with

the Conditions of Contract, using for that purpose the Performance Security Form

included in Section IX, Contract Forms of the Bidding Document.

Authorized Signature: .......................................................................................................................

Name and Title of Signatory: ............................................................................................................

Name of Agency: ..............................................................................................................................

Attachment: Contract Agreement

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Section IX. Contract Forms 3-111

Contract Agreement

THIS CONTRACT AGREEMENT is made on the [insert: number] day of [ insert: month],

[ insert: year].

BETWEEN

(1) [insert complete name of the Purchaser ], a [insert description of type of legal entity,

for example, an agency of the Ministry of ....] of the Government of {insert name of

Country of the Purchaser }, or corporation incorporated under the laws of { insert

name of Country of the Purchaser } and having its principal place of business at

[ insert address of the Purchaser ] (hereinafter called “the Purchaser”),

and

(2) [insert name of the Supplier], a corporation incorporated under the laws of [insert:

country of Supplier] and having its principal place of business at [insert: address of

Supplier] (hereinafter called “the Supplier”).

WHEREAS the Purchaser invited bids for Goods and Related Services, described as [insert

brief description of the Goods and Related Services] and has accepted a Bid by the Supplier

for the supply of these Goods and Related Services, and the Purchaser agrees to pay the

Supplier the Contract Price or such other sum as may become payable under the provisions

of the Contract at the times and in the manner prescribed by the Contract.

The Purchaser and the Supplier agree as follows:

1. In this Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the Contract documents referred to.

2. The following documents shall be deemed to form and be read and construed as

part of this Agreement. This Agreement shall prevail over all other Contract documents.

(a) the Letter of Acceptance

(b) the Bid

(c) the Addenda Nos. . . . . . [insert addenda numbers if any]. . . . .

(d) the Particular Conditions

(e) the General Conditions

(f) the Specification

(g) the Drawings; and

(h) the completed Schedules,

3. In consideration of the payments to be made by the Purchaser to the Supplier as

indicated in this Agreement, the Contractor hereby covenants with the Purchaser to

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3-112 Section IX. Contract Forms

execute the Goods and Related Services and to remedy defects therein in conformity

in all respects with the provisions of the Contract.

4. The Purchaser hereby covenants to pay the Supplier in consideration of the supply of

the Goods and Related Services and the remedying of defects therein, the Contract Price

or such other sum as may become payable under the provisions of the Contract at the

times and in the manner prescribed by the Contract.

Agreement to be executed in accordance with the laws of . . . . . [insert name of the

borrowing country] . . . . . on the day, month and year indicated above.

Signed by: Signed by:

For and on behalf of the Purchaser for and on behalf the Supplier

In the presence of: in the presence of:

Witness, Name, Signature, Address, Date

Witness, Name, Signature, Address, Date

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Section IX. Contract Forms 3-113

Performance Security

[The Partner, as requested by the successful Bidder, shall fill in this form in accordance with

the instructions indicated]

Date: [insert date (e.g., day, month, and year)]

Bidding Process Reference: [insert no. and title of bidding process]

Bank’s Branch or Office: [insert complete name of Guarantor]

Beneficiary: [insert complete name of Purchaser]

PERFORMANCE GUARANTEE No.: [insert Performance Guarantee number]

We have been informed that [insert complete name of the Contractor] (hereinafter called "the

Contractor") has entered into Contract No. [insert number] dated [insert day and month],

[insert year] with you, for the supply of [description of Goods and related Services] and the

remedying of any defects therein (hereinafter called "the Contract").

Furthermore, we understand that, according to the conditions of the Contract, a Performance

Guarantee is required.

At the request of the Purchaser, we hereby irrevocably undertake to pay you any sum(s) not

exceeding [insert amount(s19) in figures and words] such sum being payable in the types and

proportions of currencies in which the Contract Price is payable, upon receipt by us of your

first demand in writing declaring the Contractor to be in default under the Contract, without

cavil or argument, or your needing to prove or to show grounds or reasons for your demand

or the sum specified therein.

This Guarantee shall expire no later than the [insert number] day of [insert month] [insert

year],20 and any demand for payment under it must be received by us at this office on or

before that date. This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC

Publication No. 458, except that subparagraph (ii) of Sub-article 20(a) is hereby excluded.

[signatures of authorized representatives of the bank]

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3-114 Section IX. Contract Forms

Advance Payment Security

[The bank, as requested by the successful Bidder, shall fill in this form in accordance with

the instructions indicated.]

Date: [insert date (e.g., day, month, and year) of Bid Submission]

Bidding Process Reference: [insert number and title of bidding process]

[bank’s letterhead]

Beneficiary: [insert legal name and address of Purchaser]

ADVANCE PAYMENT GUARANTEE No.: [insert Advance Payment Guarantee no.]

We have been informed that . . . . . [insert name of the Supplier]. . . . . (hereinafter called

“the Supplier”) has entered into Contract No. . . . . . [insert reference number of the

Contract]. . . . . dated . . . . . . . .with you, for the supply of Goods and Related Services

[insert name of contract and brief description of Goods and Related Services] (hereinafter

called “the Contract”).

Furthermore, we understand that, according to the Conditions of the Contract, an advance

payment in the sum. …. [insert currency and amount in figures]21(… . [insert currency and

amount in words]. . ) is to be made against an advance payment guarantee.

At the request of the Purchaser, we . . . . . [insert name of the Bank] hereby irrevocably

undertake to pay you any sum or sums not exceeding in total an amount of . . . . . [insert

currency and amount in figures] (. . . . . [insert currency and amount in words]. . . . . )

upon receipt by us of your first demand in writing accompanied by a written statement

stating that the Supplier is in breach of its obligation under the Contract because the Supplier

used the advance payment for purposes other than performing his obligations under the

Contract.

It is a condition for any claim and payment under this guarantee to be made that the advance

payment referred to above must have been received by the Supplier on its account number . .

. . . [insert Supplier’s account number] at . . . . . [insert name and address of the Bank]. . . .

This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No.

458 , except that subparagraph (ii) of Sub-article 20(a) is hereby excluded.

. . . . . . . . . . . . . . [Seal of Bank and Signature(s)]. . . . . . . . . . . . ..

Note –

21 The Guarantor shall insert an amount representing the amount of the advance payment denominated

either in the currency(ies) of the advance payment as specified in the Contract, or in a freely

convertible currency acceptable to the Purchaser.

Page 123: BID No: AERC/PROC/RFP/TMAE/2019-2020/5501/024 BIDDING … · issues this Bidding Document for the procurement of Goods and related services as specified in Section VI, Requirements.

Section IX. Contract Forms 3-115

All italicized text (including footnotes) is for guidance on how to prepare this demand

guarantee and shall be deleted from the final document.


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